Is Stolen Valor a Crime in Nevada? Laws and Penalties Explained
Explore how Nevada law addresses military impersonation, including legal consequences, enforcement challenges, and federal implications.
Claiming military honors or service without having earned them, often called “stolen valor,” can provoke strong public reactions, particularly in communities with deep ties to the armed forces. While widely seen as an ethical breach, its legality depends on specific state and federal laws.
Nevada residents may question how their state handles this issue and what legal consequences exist. Understanding Nevada’s approach clarifies when such actions cross from offensive behavior into unlawful conduct.
State Statutes Prohibiting Military Impersonation
Nevada law addresses military impersonation and the misuse of military honors through several statutes. Nevada Revised Statutes (NRS) Section 205.412 specifically targets “stolen valor.”1Nevada Legislature. NRS 205.412 Fraudulent Claim Concerning Receipt of Military Decoration This law makes it illegal to knowingly and fraudulently claim receipt of certain high-level military decorations—such as the Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force Cross, Silver Star, or Purple Heart—with the intent to obtain money, property, or other tangible benefits. The statute also covers specific combat badges. The key elements are misrepresentation made knowingly, with fraudulent intent, and for tangible gain.
Broader military impersonation falls under NRS Section 199.430, which prohibits falsely impersonating a public officer, including military officers.2Nevada Legislature. NRS 199.430 Impersonation of Officer This applies if someone falsely assumes the character or unauthorized uniform of a military officer and performs an act under that guise that injures or defrauds another person. Simply wearing a uniform may not be illegal, but using that false persona to harm or defraud is prohibited.
Additionally, NRS Chapter 412, governing the State Militia, includes rules on uniforms. NRS Section 412.596 forbids wearing the uniform of the Nevada National Guard or U.S. Armed Forces without authority or while off duty.3Nevada Legislature. NRS 412.596 Unlawful Wearing of Uniform NRS Section 412.594 addresses the unlawful wearing of military insignia.4Nevada Legislature. NRS 412.594 Unlawful Wearing of Insignia of Rank These laws focus on the unauthorized use of uniforms and insignia, distinct from fraudulently claiming medals for gain or impersonating an officer to defraud.
Criminal Consequences
Violating Nevada’s laws on military impersonation and misuse of honors can lead to criminal prosecution, with penalties varying by the specific statute and act.
Fraudulently claiming high-level military decorations for tangible benefit under NRS Section 205.412 is a category E felony. Nevada law generally requires courts to suspend the prison sentence (1 to 4 years) for category E felonies and grant probation, possibly including up to one year in county jail, unless the individual has certain prior convictions.5Nevada Legislature Research Division. Penalties for Category E Felonies Under Nevada Revised Statutes A fine up to $5,000 may also be imposed.
Falsely impersonating a military officer and committing an act that injures or defrauds another person under NRS Section 199.430 is a gross misdemeanor. This carries a potential sentence of up to 364 days in county jail, a fine up to $2,000, or both.6Nevada Legislature. NRS 193.140 Punishment for Gross Misdemeanors
The unauthorized wearing of a military uniform or insignia, prohibited by NRS Section 412.596 and NRS Section 412.594, is typically treated as a misdemeanor if no specific penalty is listed. A standard misdemeanor in Nevada is punishable by up to 6 months in county jail, a fine up to $1,000, or both.7Nevada Legislature. NRS 193.150 Punishment for Misdemeanors Community service might also be ordered.
Civil Liabilities
While Nevada’s stolen valor statutes primarily define criminal offenses, individuals harmed by such acts might pursue civil remedies under general tort law. These laws do not create a specific civil cause of action for stolen valor itself.
One potential avenue is a lawsuit for intentional misrepresentation, or fraud. If someone falsely claims military service or honors to deceive another, and the victim justifiably relies on this claim, suffering financial loss or other harm, they might sue for damages. Proving fraud requires showing a false statement made knowingly or recklessly, intent to induce reliance, justifiable reliance by the victim, and resulting damages.
A claim for intentional infliction of emotional distress (IIED) is another possibility, though often difficult to prove. This requires demonstrating “extreme and outrageous conduct” intended to cause severe emotional distress, which the victim actually suffers. The conduct must be considered intolerable in a civilized society. While offensive, falsely claiming military honors might not always meet this high standard unless the behavior is particularly egregious or targeted.
The principle of unjust enrichment could also apply. If someone received tangible benefits (discounts, payments, services) due to false claims of military service, the provider might sue to recover the value of those benefits if it’s unfair for the recipient to keep them without payment. These civil actions focus on compensating victims, separate from any criminal penalties.
Federal Law Context
Nevada’s laws operate alongside federal regulations. The primary federal law is the Stolen Valor Act of 2013, found in Title 18, Section 704 of the U.S. Code.8Legal Information Institute (Cornell Law School). 18 U.S. Code § 704 – Military Medals or Decorations This act criminalizes fraudulently claiming receipt of specific high-level military decorations (Medal of Honor, service crosses, Silver Star, Purple Heart, combat badges) with the intent to obtain money, property, or other tangible benefits.
This law replaced an earlier 2005 version that the Supreme Court struck down in United States v. Alvarez (2012).9U.S. Courts. Separation of Powers in Action – U.S. v. Alvarez The Court ruled the 2005 act violated First Amendment free speech rights because it criminalized merely making false claims about receiving medals, even without intent to defraud or gain benefits.
The 2013 Act, introduced by then-Nevada Representative Joe Heck, addressed the Court’s concerns by narrowing the offense. It requires proof that the false claim was made fraudulently and with the specific intent to obtain a tangible benefit, aligning it with exceptions to free speech protections like fraud. This mirrors the requirements in Nevada’s NRS Section 205.412.
Federal law under 18 U.S.C. Section 704 and Nevada’s NRS Section 205.412 both target fraudulent claims of specific medals for gain. Nevada law, however, also includes distinct prohibitions against impersonating an officer to injure or defraud (NRS Section 199.430) and unauthorized wearing of uniforms or insignia (NRS Sections 412.594, 412.596), regardless of medal claims or tangible benefit.
Investigations and Burden of Proof
Investigations into violations of Nevada’s stolen valor laws usually begin after law enforcement receives tips from the public, veterans’ groups, or alleged victims. Local police or county sheriffs typically handle these state-level investigations.
Investigators gather evidence to determine if a crime occurred under the relevant statute. For potential violations of NRS Section 205.412 (fraudulent medal claims for benefit), they must verify the claim against military records and collect evidence showing the person acted knowingly, with fraudulent intent, and sought a tangible benefit. This might involve examining documents or interviewing witnesses.
For impersonating an officer under NRS Section 199.430, investigators need evidence of the false persona or unauthorized uniform use, an official-seeming act performed under that guise, and resulting injury or fraud. For unauthorized uniform use (NRS Sections 412.594/412.596), the focus is proving the individual wore the items without authority.
If sufficient evidence is found, the case goes to the county District Attorney’s office, which decides whether to file charges. If the case proceeds to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt, the highest standard in the U.S. legal system. As defined in NRS Section 175.211, this means the proof must be so convincing that it leaves no reasonable basis for doubt.10Nevada Legislature. NRS 175.211 Presumption of Innocence; Reasonable Doubt
To convict under NRS Section 205.412, the prosecutor must prove every element: knowing false representation of specific honors, fraudulent intent, and intent to gain tangible benefit. For NRS Section 199.430, proof of false personation, an official act, and resulting harm/fraud is required. Proving the defendant’s state of mind often relies on circumstantial evidence. For uniform violations, proving lack of authority is key. Failure to prove any element beyond a reasonable doubt results in acquittal.
Legal Representation
Individuals facing charges under Nevada’s stolen valor or military impersonation laws have a constitutional right to legal representation. The Sixth Amendment guarantees the right to counsel in criminal cases, applicable to states via the Fourteenth Amendment.11National Conference of State Legislatures. Pretrial Right to Counsel Nevada’s Constitution (Article 1, Section 8) also ensures this right.12FindLaw. Nevada Constitution Art. 1, § 8 – Rights of Accused in Criminal Prosecutions
Nevada provides court-appointed counsel for those who cannot afford an attorney. County public defender offices or the State Public Defender handle these cases. Eligibility is based on financial need, determined by the court. If eligible, a defendant facing potential jail time—whether for a felony (NRS Section 205.412), gross misdemeanor (NRS Section 199.430), or misdemeanor (NRS Sections 412.594/412.596)—will be appointed counsel.
Defendants can also hire a private attorney. Many Nevada lawyers specialize in criminal defense, including cases involving fraud or impersonation. Whether appointed or retained, the attorney’s duty is to provide competent representation. This includes analyzing evidence, advising the client, investigating the case, negotiating with prosecutors, and advocating for the client throughout the legal process.
