76-9-602. False representation of the military.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)As used in this section:

(i)"Military related organization" means a public or private society, order, or organization that:

(A)only accepts as a member, an individual, or the relative of an individual, who is:

(I)a member of the military; or

(II)an honorably discharged member of the military; and

(B)is organized for the purpose of:

(I)recognizing or honoring an individual for military service;

(II)assisting an individual described in Subsection (1)(a)(i) to lawfully associate with, or provide service with, other individuals described in Subsection (1)(a)(i) ; or

(III)provide support for, or assistance to, an individual described in Subsection (1)(a)(i) .

(ii)"Service medal" means:

(A)a congressional medal of honor, as defined in 18 U.S.C. 704(c)(2);

(B)a distinguished service cross, as defined in 10 U.S.C 3742;

(C)a Navy cross, as defined in 10 U.S.C. 6242;

(D)an Air Force cross, as defined in 10 U.S.C. 8742;

(E)a silver star, as defined in 10 U.S.C. 3746, 6244, or 8746;

(F)a bronze star, as defined in 10 U.S.C. 1133;

(G)a purple heart, as defined in 10 U.S.C. 1129;

(H)any decoration or medal authorized by the Congress of the United States for the armed forces of the United States;

(I)any service medal or badge awarded to members of the armed forces of the United States;

(J)any of the following Utah National Guard medals or ribbons:

(I)medal of valor;

(II)Utah cross;

(III)joint medal of merit;

(IV)Utah medal of merit;

(V)joint commendation medal;

(VI)commendation medal;

(VII)achievement ribbon;

(VIII)joint staff service ribbon;

(IX)state partnership service ribbon;

(X)service ribbon;

(XI)military funeral honors service ribbon;

(XII)emergency service ribbon; or

(XIII)recruiting ribbon;

(K)any ribbon, button, or rosette for a decoration, medal, or badge described in Subsections (1)(a)(ii)(A) through (J); or

(L)an imitation of a decoration, medal, badge, ribbon, button, or rosette described in Subsections (1)(a)(ii)(A) through (K).

(b)Terms defined in Section 76-1-101.5 apply to this section.

(2)An actor commits false representation of the military if the actor:

(a)intentionally makes a false representation, verbally or in writing, that the actor has been awarded a service medal;

(i)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 a service medal, or a colorable imitation of a service medal; and

(ii)intends to defraud another individual or to falsely represent that the actor or another individual has been awarded a service medal;

(c)wears or uses a service medal of a military related organization:

(i)that the actor is not entitled to wear or use; and

(ii)with the intention to defraud another individual or to falsely represent that the actor or another individual has been awarded the service medal; or

(d)uses the name, an officer title, an insignia, a ritual, or a ceremony of a military related organization:

(i)that the actor is not entitled to use; and

(ii)with the intention to defraud or falsely represent that the actor or another individual was or is a member, representative, or officer of the military related organization.

(3)A violation of Subsection

(2)is an infraction.

(4)Subsection (2)(b) does not apply if the actor is authorized under a federal law or a federal regulation to undertake the conduct described.

Renumbered and Amended by Chapter 173 , 2025 General Session