Impersonating a Police Officer

Public law #106-547, the Enhanced Federal Security Act of 2000 amends title 18 of the United States Code and became effective 12/19/2000. In short, it restricts badges (and their public uses) more and creates Federal penalties for impersonating an officer. The amendment can be read at the Library of Congress' Law Library's Global Legal Information Network database at www.loc.gov/law/glin by searching on U.S. laws enacted 12/19/2000 and looking for the Enhanced Federal Security Act of 2000.

Sometimes an offense is committed just by taking on the appearance of a local officer.

There are additional penalties if an officer-looking person performs what appears to be an official duty.

(a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and

(2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.

(b) It is a defense to prosecution under this section that:

(3) the item was used or intended for use exclusively for decorative purposes or in an dramatic presentation to gain false entry.

Depending on state law, impersonating a police officer may be considered either a felony or a misdemeanor. Punishments for impersonating a police officer include:

Imprisonment up to five years (sometimes more) Fines (usually $1000 or more) Probation Permanent criminal record

ARS 41-1754 Impersonation of highway patrol officer; classification

A person is guilty of a class 1 misdemeanor who either:

1. Without authority, wears the badge of a member of the highway patrol or a badge of similar design that would tend to deceive.

2. Impersonates a member of the highway patrol with the intent to deceive.