NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5701
SPONSOR: Hawley (MS) TITLE OF BILL:
An act to amend the penal law, in relation to the crime of stolen valor
PURPOSE:
The purpose of this legislation is to create the crime of Stolen Valor.
SUMMARY OF PROVISIONS:
The bill adds a new section 190.24 to the Penal Law to create the crime
of Stolen Valor, which is committed when a person knowingly misrepre-
sents him or herself as a member or veteran of the United States Armed
Forces or organized militia or holds himself or herself out to be a
recipient of any decoration or medal created by federal and state laws
and regulations to honor the members or veterans of the United States
Armed Forces or the organized militia. This crime is a class A misdemea-
nor.
EXISTING LAW:
Penal Law 190
JUSTIFICATION:
The crime of Stolen Valor is currently only a federal offense and is
rarely, if ever, prosecuted. Recently, New Jersey and Massachusetts have
introduced legislation to criminalizing stealing valor at a state level
in order to increase the prosecution of these crimes.
American Legion Commander James E. Koutz put it best when he stated:
"Those who deliberately lie about military service, wear medals they did
not earn or make claims of combat heroism they did not achieve are more
than just liars. They are perpetrators of the worst kind of fraud. Their
lies are an insult to all who have truly stood in harm's way and earned
their decorations."
This legislation would strengthen protections for our military members
and veterans. The military services of the men and women in our military
should be honored and protected.
LEGISLATIVE HISTORY:
2022: A5004 held for consideration in codes
FISCAL IMPLICATIONS:
To Be Determined
LOCAL FISCAL IMPLICATIONS:
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
5701
2023-2024 Regular Sessions
IN ASSEMBLY
March 22, 2023
___________
Introduced by M. of A. HAWLEY, REILLY, MORINELLO, SMULLEN, JENSEN,
ANGELINO, GALLAHAN, LEMONDES, DeSTEFANO, DURSO, MANKTELOW -- Multi-
Sponsored by -- M. of A. DiPIETRO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to the crime of stolen valor
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 190.24 to
2 read as follows:
3 § 190.24 Stolen valor.
4 A person commits the crime of stolen valor if he or she knowingly,
5 with the intent to obtain money, property or another tangible benefit:
6 1. misrepresents himself or herself as a member or veteran of the
7 United States Armed Forces or organized militia by wearing the uniform
8 or any medal or insignia authorized for use by the members or veterans
9 of the United States Armed Forces or the organized militia, by federal
10 and state laws and regulations, or
11 2. holds himself or herself out to be a recipient of any decoration or
12 medal created by federal and state laws and regulations to honor the
13 members or veterans of the United States Armed Forces or the organized
14 militia.
15 The crime of stolen valor is a class A misdemeanor.
16 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02893-01-3
