Bill Text: MS HB240 | 2015 | Regular Session | Introduced

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Bill Title: Crimes; create offense of fraudulent use of military records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB240 Detail]

Download: Mississippi-2015-HB240-Introduced.html

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MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Military Affairs; Judiciary B

By: Representative Moak

House Bill 240

AN ACT TO PROHIBIT THE FRAUDULENT OR FICTITIOUS USE OF MILITARY RECORDS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  (1)  In this section:

          (a)  "Military record" means an enlistment record,

occupation specialty, medal, award, decoration, or certification

obtained by a person through the person's service in the Armed

Forces of the United States or military forces of the state.

          (b)  "Military forces of the state" has the meaning assigned provided in Section 33-1-1.

     (2)  A person commits a misdemeanor if the person:

          (a)  Uses or claims to hold a military record that the

person knows:

              (i)  Is fraudulent;

              (ii)  Is fictitious or has otherwise not been

granted or assigned to the person; or

              (iii)  Has been revoked; and

          (b)  Uses or claims to hold that military record:

              (i)  In a written or oral advertisement or other

promotion of a business; or

              (ii)  With the intent to:

                   1.  Obtain priority in receiving services

or resources;

                   2.  Qualify for a veteran's employment

preference;

                   3.  Obtain a license or certificate to

practice a trade, profession, or occupation;

                   4.  Obtain a promotion, compensation, or

other benefit, or an increase in compensation or other benefit, in

employment or in the practice of a trade, profession, or

occupation;

                   5.  Obtain a benefit, service, or donation from another person;

                   6.  Obtain admission to an educational

program in this state; or

                   7.  Gain a position in state government

with authority over another person, regardless of whether the actor receives compensation for the position.

     (3)  A violation of this section is punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than six (6) months, or both.

     (4)  If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section or the other law.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.