It shall be unlawful for any person, not an officer, warrant officer or enlisted person in the armed forces of the United States, to wear the duly prescribed uniform thereof, or any distinctive part of such uniform, or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the armed forces of the United States.
The foregoing provision shall not be construed so as to prevent officers, warrant officers or enlisted persons of the National Guard, nor to prevent members of the organization known as the Boy Scouts of America, or such other organizations as the Secretary of Defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably as officers of the armed forces of the United States and whose most recent service was terminated by an honorable discharge, muster out, or resignation, from wearing, upon occasions of ceremony, the uniform of the highest grade they have held in such service; nor to prevent any person who has been honorably discharged from the armed forces of the United States from wearing his uniform from the place of his discharge to his home, within three months after his discharge; nor to prevent the members of military societies composed entirely of honorably discharged officers and enlisted persons, or both, of the armed forces of the United States from wearing, upon occasions of ceremony, the uniform duly prescribed by such societies to be worn by members thereof; nor to prevent the instructors and members of the duly organized cadet corps of any educational institution offering a regular course in military instruction from wearing the uniform duly prescribed by appropriate respective authority to be worn by instructors and members of such cadet corps; nor to prevent the instructors and members of such duly organized cadet corps of such institution of learning offering a regular course in military instruction and at which an officer, warrant officer or enlisted person of the armed forces of the United States is lawfully detailed for duty as instructor in military science and tactics, from wearing the uniform duly prescribed by appropriate authority to be worn by instructors and members of such cadet corps; nor to prevent civilians attending a course of military instruction authorized and conducted by the military authorities of the United States from wearing while attending such a course the uniform authorized and prescribed by such military authorities to be worn during such course of instruction; nor to prevent any person from wearing the uniform of the armed forces of the United States, in any playhouse or theater or in motion picture films or television while actually engaged in representing therein a military character not tending to bring discredit or reproach upon the armed forces of the United States.
The uniform worn by members of military societies, or the instructors and members of the cadet corps referred to in the preceding paragraph, shall include some distinctive mark or insignia approved by the Secretary of Defense, to distinguish such uniforms from the uniform of the armed forces of the United States. The members of the military societies and the instructors and members of the cadet corps hereinbefore mentioned shall not wear the insignia of rank prescribed to be worn by the officers of the armed forces of the United States, or any insignia of rank similar thereto, unless otherwise authorized.
Any person who offends against the provisions of this section shall, on conviction, be punished by a fine not exceeding $100, or by imprisonment not exceeding 30 days, or by both such fine and imprisonment.
1930, p. 971; Michie Code 1942, § 2673(105); 1958, c. 393; 2011, cc. 572, 586.
Structure Code of Virginia
Title 44 - Military and Emergency Laws
Chapter 1 - Military Laws of Virginia
§ 44-1. Composition of militia
§ 44-2. Composition of National Guard
§ 44-4. Composition of unorganized militia
§ 44-5. Exemptions from militia duty
§ 44-6. Maintenance of other troops
§ 44-8. Governor as Commander in Chief
§ 44-9. Commander in Chief to prescribe regulations
§ 44-9.1. Censorship of certain sermons prohibited
§ 44-10. Divisions of military staff
§ 44-11. Department of Military Affairs; Adjutant General
§ 44-11.1. Duties of the Department of Military Affairs
§ 44-13. Powers of Adjutant General
§ 44-13.1. Virginia National Guard Morale, Welfare, and Recreation Program established
§ 44-13.2. Administration of the MWR Program
§ 44-13.3. Virginia National Guard MWR Fund
§ 44-14. Expenditures for Department
§ 44-15. Reports to Secretary of Defense
§ 44-16. Records of Adjutant General
§ 44-17. Regulations as to reports and care of property
§ 44-19. Adjutant General to have charge of military property
§ 44-21. Bonds of Adjutant General and fiscal clerks
§ 44-22. Auditing accounts of Adjutant General
§ 44-24. United States Property and Fiscal Officer
§ 44-25. Organization; composition of units
§ 44-26. Location of units and headquarters
§ 44-27. Appointment and promotion of officers
§ 44-28. Qualifications of commanding or staff officers
§ 44-29. Qualifications of National Guard officers
§ 44-30. Tests as to fitness for officers; examining board
§ 44-31. Relative rank of officers
§ 44-32. Oath of National Guard officers
§ 44-32.1. Administration of oaths of office and enlistment
§ 44-33. Elimination and disposition of officers
§ 44-35. Enlistments in National Guard
§ 44-36. Enlistment contract and oath
§ 44-37. Discharge of enlisted persons
§ 44-38. Membership continued in National Guard after termination of federal service
§ 44-39. Uniforms, arms and equipment
§ 44-39.1. Possession of handguns by members at National Guard facilities
§ 44-40. Discipline and training
§ 44-40.01. Nonjudicial disciplinary proceedings
§ 44-40.1. Persons subject to the Virginia military laws
§ 44-40.2. Administration of oaths and taking of sworn statements by commissioned officers
§ 44-41. Armory drills, inactive training, annual active duty training, etc.
§ 44-41.1. Failure to report; etc.
§ 44-41.2. Sharing of information with Virginia Employment Commission upon separation
§ 44-42. Kinds of courts-martial; how constituted and powers
§ 44-44. Special courts-martial
§ 44-45. Summary courts-martial
§ 44-47. Process and procedure
§ 44-48. Review of judgments of courts-martial; procedure
§ 44-49. Where sentences executed
§ 44-50. How process and sentence executed
§ 44-54.1. Compact enacted into law; terms
§ 44-54.2. Payment of liability of State pursuant to Article III (f) of compact
§ 44-54.3. Members of National Guard deemed to be in state service when engaged pursuant to compact
§ 44-54.4. Organization; definitions
§ 44-54.5. Composition of units
§ 44-54.6. Members, appointment and enlistment
§ 44-54.8. Administration of oaths
§ 44-54.9. Uniform; rank in precedence; command
§ 44-54.11. Discharge; dismissal
§ 44-54.12. Arms, equipment and facilities
§ 44-75.1. Militia state active duty
§ 44-75.1:1. Compact enacted into law; terms
§ 44-75.2. Militia training duty
§ 44-76. Transportation, equipment and support of militia
§ 44-77. Orders to officers and appointment of rendezvous
§ 44-78.1. Request for assistance by localities
§ 44-80. Order in which classes of militia called into service
§ 44-81. Length of service when called out
§ 44-83. Pay and allowance of members
§ 44-84. Regulations enforced on actual service
§ 44-85. Regulations and penalties
§ 44-86. When ordered out for service
§ 44-87. Manner of ordering out for service
§ 44-88. Incorporation into the Virginia Defense Force
§ 44-89. Draft of unorganized militia
§ 44-90. Punishment for failure to appear
§ 44-93. Leaves of absence for employees of Commonwealth or political subdivisions
§ 44-93.2. Leaves of absence from nongovernmental employment
§ 44-93.3. Reemployment rights
§ 44-93.5. Penalties for denial
§ 44-94. Exemption from jury duty
§ 44-96. Military property exempt from levy and sale
§ 44-97. Exemption from arrest
§ 44-97.1. Continuance or time for filing pleading, etc., where party or attorney is on active duty
§ 44-99. Organizations may own property; suits
§ 44-100. No action allowed on account of military duties; counsel for members sued or prosecuted
§ 44-102. Commission not to vacate civil office
§ 44-102.1. Rights, benefits and protections upon call to active duty; contract termination
§ 44-102.1:1. Benefits upon call to active duty under a state of emergency; health care premiums
§ 44-102.2. Virginia Military Family Relief Fund established
§ 44-103. Deposit in armories or headquarters for safekeeping
§ 44-104. Care required and liability of officers
§ 44-107. Use for private purposes forbidden
§ 44-108. Officers and enlisted persons personally liable for military property
§ 44-109. Punishment for injuries to military property
§ 44-110. Punishment for sale, etc., of military property
§ 44-111. Replacement of lost or damaged property
§ 44-112. Requisition for federal funds
§ 44-113. County, city and town appropriations
§ 44-114. Allowances made to organizations from state appropriations
§ 44-114.1. Orders transmitted to and through the Governor
§ 44-114.3. Orders void if transmitted to militia before Governor notified
§ 44-114.4. Governor not prevented from drafting into state military service
§ 44-119. Retired list of officers, warrant officers and enlisted persons
§ 44-120. Protection of the uniform
§ 44-120.1. Manufacture of Virginia military medals and decorations in United States