§ 704. Military medals or decorations

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(a)In General.— Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

(b)Fraudulent Representations About Receipt of Military Decorations or Medals.— Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or

(d)shall be fined under this title, imprisoned not more than one year, or both.

(c)Enhanced Penalty for Offenses Involving Congressional Medal of Honor.—

(1)In general.— If a decoration or medal involved in an offense under subsection

(a)is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2)Congressional medal of honor defined.— In this subsection, the term “Congressional Medal of Honor” means—

(A)a medal of honor awarded under section 7271, 8291, or 9271 of title 10 or section 491 1 of title 14;

(B)a duplicate medal of honor issued under section 7284, 8306, or 9284 of title 10 or section 504 1 of title 14; or

(C)a replacement of a medal of honor provided under section 7277, 8303, or 9277 of title 10 or section 501 1 of title 14.

(d)Enhanced Penalty for Offenses Involving Certain Other Medals.—

(1)In general.— If a decoration or medal involved in an offense described in subsection

(a)is a distinguished-service cross awarded under section 7272 of title 10, a Navy cross awarded under section 8292 of title 10, an Air Force cross awarded under section 9272 of title 10, a silver star awarded under section 7276, 8294, or 9276 of title 10, a Purple Heart awarded under section 1129 of title 10, a combat badge, or any replacement or duplicate medal for such medal as authorized by law, in lieu of the punishment provided in the applicable subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.

(2)Combat badge defined.— In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.

(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, § 16, 63 Stat. 92; Pub. L. 103–322, title XXXII, § 320109, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146; Pub. L. 103–442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104–294, title VI, § 604(b)(16), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107–107, div. A, title V, § 553(e), Dec. 28, 2001, 115 Stat. 1117; Pub. L. 109–437, § 3, Dec. 20, 2006, 120 Stat. 3266; Pub. L. 113–12, § 2, June 3, 2013, 127 Stat. 448; Pub. L. 115–232, div. A, title VIII, § 809(e)(1), Aug. 13, 2018, 132 Stat. 1841.)

Historical and Revision Notes

1948 Act

Based on section 1425 of title 10, U.S.C., 1940 ed., Army and Air Force (Feb. 24, 1923, ch. 110, 42 Stat. 1286; Apr. 21, 1928, ch. 392, 45 Stat. 437).

Section was made to cover the decorations and medals of the Navy Department as well as the War Department.

Minor changes were made in phraseology.

1949 Act

This section [section 16] clarifies the wording of section 704 of title 18, U.S.C., to embrace all service decorations awarded to members of the armed forces whether by the Army, Navy, Air Force, or other branch of such forces. (See note to sec. 5 [of 1949 Act, set out in Legislative History note under section 244 of title 18]).

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