Can individuals face criminal charges for falsely claiming military service?
Executive summary
Yes — individuals can face criminal charges for falsely claiming military service, but only when the lies are used to obtain a tangible benefit (money, property, government benefits, contracts, or other material advantages) or otherwise violate specific state statutes; simple boasts alone are generally not criminal under current federal law [1] [2]. Federal prosecutions often proceed as fraud (wire/mail/benefits fraud) or under the Stolen Valor Act of 2013 when specific medals or benefits are claimed for gain; state laws (e.g., proposed Maine bill, Nevada statute) can create additional criminal exposure [3] [4] [5].
1. The federal rule: speech alone isn’t usually a crime — gain changes everything
Congress narrowed the federal approach after the Supreme Court struck down the broader 2005 Stolen Valor Act; the current Stolen Valor Act (post‑2013) criminalizes false claims about receiving certain high‑level decorations only when done to obtain money, property, or other tangible benefits, meaning mere lies without material gain generally aren’t federal crimes [1] [2] [3]. Legal guides and reporting consistently say the linchpin is intent to gain — prosecutors convert stolen‑valor allegations into wire fraud, mail fraud, benefits fraud or false‑statement charges when the falsehoods produce a concrete advantage [1] [6] [7].
2. How prosecutions actually happen: fraud, false documents, and benefits schemes
Most successful criminal cases arise not from a barroom boast but from schemes: submitting forged DD‑214s, falsified certificates, or using fabricated service records to secure VA benefits, education payments, Social Security, loans, contracts, or donor money. Recent examples include federal wire/mail fraud and false discharge certificate charges tied to a man who used fake DD‑214s and false award certificates to obtain VA benefits [6] [7]. Defense and prosecution commentary confirm that when a false military claim produces payments or preferential treatment, criminal exposure follows [8] [4].
3. State laws and proposals: some states go further
States differ. Nevada’s criminal code has been described as criminalizing false military claims made for benefit, with penalties including jail and fines — an example of how state statutes can be broader or enforced separately from federal law [4]. Other states have proposed or passed laws criminalizing false claims of veteran status or wearing unearned decorations with an intent to solicit funds or obtain discounts; the Maine bill cited would make false claims a Class E crime when made to solicit more than $10, illustrating that local statutes can lower the threshold for criminality [5].
4. Where prosecutors convert stolen valor into other charges
Practically, prosecutors rely on existing fraud and false‑statement statutes because these carry established elements and penalties. Convictions have used wire fraud, mail fraud, social‑security or VA benefit fraud, and related counts tied to documentary falsification rather than a standalone “I lied about being a veteran” offense [6] [7] [8]. Legal commentators and defense attorneys emphasize this prosecutorial strategy: the criminal hooks are the benefit‑securing acts and forged documents, not mere boasting [4] [1].
5. Social and reputational consequences differ from criminal liability
Media and veterans’ groups treat stolen valor as a serious moral and reputational transgression even when it falls short of criminal conduct — public backlash, job loss, civil suits, and community sanction often follow exposure [9] [10]. Sources stress that while society condemns false valor, the law balances that condemnation against free‑speech protections; Congress and the courts carved the federal statute around tangible harm to survive constitutional scrutiny [3] [2].
6. Two important caveats and open areas in reporting
Available sources do not mention an exhaustive list of every state statute or the exact threshold for prosecution in every jurisdiction; state laws and enforcement priorities change quickly (not found in current reporting). Also, sources show some disagreement on phrasing and emphasis: advocacy sites and legal blogs emphasize criminal penalties more broadly [4] [9], while constitutional and legal‑analysis pieces emphasize the requirement of tangible gain under the current federal law [1] [2].
7. Bottom line for readers
If false claims of military service are used to obtain money, benefits, contracts, purchases, or other material advantage, criminal charges commonly follow — prosecuted under federal fraud statutes, the post‑2013 Stolen Valor Act for medal claims tied to gain, or state laws that criminalize false service claims [1] [6] [5]. If the claim is only a lie with no attempt to secure tangible benefits, federal law typically offers no criminal remedy; social, civil, and reputational consequences remain the main deterrents [2] [3].