Today's Law As Amended

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AB-167 California Stolen Valor Act. (2011-2012)



SECTION 1.

 Section 3003 of the Government Code is amended to read:

3003.
 (a)  An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 2005  (18 U.S.C. Sec. 704) or  704), that involves a false claim of receipt of any military decoration or medal described in that act, or  the California Stolen Valor Act (as specified in Section 532b of the Penal Code), that involves a fraudulent false  claim, made with the intent to obtain money, property, or other tangible benefit,  defraud,  that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts. Forces. As used in this section, “district” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. 
(b) For purposes of this section, the following terms shall have the following meanings:
(1) “District” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity.

SEC. 2.

 Section 532b of the Penal Code is amended to read:

532b.
 (a) A Any  person who fraudulently falsely  represents himself or herself as a veteran or ex-serviceman of a any  war in which the United States was engaged, in connection with the soliciting of aid or the sale or attempted sale of any property, is guilty of a misdemeanor.
(b) A Any  person who fraudulently falsely  claims, or presents himself or herself, to be a veteran or member of the Armed Forces of the United States, the California National Guard, the State Military Reserve, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States,  with the intent to obtain money, property, or other tangible benefit,  defraud,  is guilty of a misdemeanor.
(c) (1) Except as provided in paragraph (2), a any  person who, orally, in writing, or by wearing any military decoration, fraudulently falsely  represents himself or herself to have been awarded a any  military decoration, with the intent to obtain money, property, or other tangible benefit,  defraud,  is guilty of a misdemeanor.
(2) This offense is an infraction or a misdemeanor, subject to Sections 19.6, 19.7, and 19.8, if the person committing the offense is a veteran of the Armed Forces of the United States.
(d) A person who forges documentation reflecting the awarding of a military decoration that he or she has not received for the purposes of obtaining money, property, or receiving a tangible benefit is guilty of a misdemeanor.
(e) A person who knowingly, with the intent to impersonate and to deceive, for the purposes of obtaining money, property, or receiving a tangible benefit, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor.
(f) A person who knowingly utilizes falsified military identification for the purposes of obtaining money, property, or receiving a tangible benefit, is guilty of a misdemeanor.
(g) A person who knowingly, with the intent to impersonate, for the purposes of promoting a business, charity, or endeavor, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor.
(h) A person who knowingly, with the intent to gain an advantage for employment purposes, misrepresents himself or herself as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor.
(i) This section does not apply to face-to-face solicitations involving less than ten dollars ($10).
(j) This section, Section 3003 of the Government Code, and Section 1821 of the Military and Veterans Code shall be known, and may be cited as, the California Stolen Valor Act.
(k) For purposes of this section, the following terms shall have the following meanings:
(1) (3)  “Military  For purposes of this subdivision, “military  decoration” means any decoration or medal from the Armed Forces of the United States, the California National Guard, the State Military Reserve, or the Naval Militia, or any service medals or badges awarded to the members of those forces, or the ribbon, button, or rosette of that badge, decoration, or medal, or any colorable imitation of that item.
(d) This section does not apply to face-to-face solicitations involving less than ten dollars ($10).
(2) (e)  “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. This section, Section 3003 of the Government Code, and Section 1821 of the Military and Veterans Code shall be known and may be cited as the California Stolen Valor Act.