A. A person commits impersonating a police officer if the person, in the absence of lawful authority, claims to be a peace officer and engages in any activity to convince another to surrender to the person’s pretended power or depend on the person’s put it on acts.
B. It is not a protection to a prosecution under this section that the law imposition agency the person to represent did not exist or that the law enforcement agency the person pretended to represent did not possess the power asset for it.
C. Impersonating, a peace officer, is a class 6 felony, excluding that impersonating a peace officer during the task of any of the following offenses is a class 4 felony:
Negligent homicide. Manslaughter. First-degree murder. Second-degree murder Assault. Aggravated assault. Sexual Attack. Violent sexual assault. Sexual abuse. She was unlawfully administering intoxicating liquors, narcotic substances, or dangerous drugs, Attacked by a person’s cruel animal as prescribed in § 13-1208. Drive-by shooting, also known as a drive-by shooting, is the act of firing a firearm at a structure.
Criminal mischief of a severe nature, Theft., Theft through extortion, Theft of a credit card, or the unlawful acquisition of a credit card are all examples. Misconduct involving firearms, explosives, explosives, and explosives Depositing explosives, procuring, or placing someone in a prostitution ring are prohibited. Crimes against children that are extremely dangerous, Burglary, and arson are two crimes that come to mind. Kidnapping, Robbery.
In this section, the term “peace officer” is given in sections 1-215. It includes any federal law enforcement officer or agent who has the authority to make arrests under federal law.
Table of Contents
The following are examples of crimes that may be committed while impersonating a law enforcement officer:
Attempting to arrest other individuals while dressed in a costume that mimics that of a law enforcement officer
Identifying yourself as a police officer to others in a verbal manner
Displaying a badge that looks like a police badge to another person to fool them into thinking you are a commissioned officer is illegal.
It is possible to modify or customize a vehicle to resemble an official police car. This can include decals, paint, and extras such as lights and sirens, among other things.
Even though it is not commonplace for people to pose as police officers for amusement, it is prohibited to do so to get an unfair advantage over another person. This is especially relevant in persons who commit crimes against others while posing as law enforcement officers on the scene.
WHAT ARE THE IN CONTROL OF A POLICE OFFICER FOR IMPERSONATING HIM?
According to California Penal Code 538d PC, impersonating a police officer is a misdemeanor punishable by up to one year in prison and a fine of up to $2,000 if committed in California.
However, people who sell badges to those who may attempt to impersonate an officer face more severe penalties than those who do not. Selling forged identification cards is a criminal violation punishable by a fine of up to $15,000. Selling connected things other than a badge to anyone attempting to impersonate an officer is only punishable by a $2,000 fine and a maximum prison sentence of six months.
It is difficult to distinguish between what is considered impersonation and what is not in some cases. It is possible that a person did not intend to conduct the offense for which they are being held responsible. Expert legal counsel is therefore required for your attorney to be able to clarify these difficulties and, if necessary, establish that you were the victim of mistaken identity.
When charged with impersonating a police officer, it is strongly recommended that you retain the services of an experienced criminal defense attorney in California who has successfully implemented defense strategies in similar situations.
WAS THERE ANY IMPERSONATION BY THE LAW ENFORCEMENT IN CALIFORNIA?
It is possible to be prosecuted for impersonating a peace officer if you wear or display an authorized peace officer’s uniform or logo or utilize an official peace officer’s emblem, device, label, certificate, card, or writing. It makes no difference whether the suspect committed any bogus arrests or otherwise harassed citizens by being a police officer. According to the legislation, it is only necessary whether the individual intentionally donned police uniforms to fraudulently present themselves as a peace officer and deceive others that are taken into consideration.
A more serious violation, as previously stated, occurs when a badge is purposefully manufactured and sold to someone who intends to use the badge to depict themselves as a police officer in a dishonest manner. In California, it is illegal to present a badge even if there is no other indication that the person is a law imposition officer present at the time.
Even though legitimate merchants of law enforcement uniforms are honest, they are obligated to verify their customers’ employment with a law enforcement organization before selling them the uniforms. Failure to comply can result in a maximum fine of $1,000 per violation. A police impersonation is not considered to be occurring if the badge, uniform, or other material indicative of police status is being used solely to present a law enforcement agency in a motion picture, television, or theatrical production, and if the law enforcement agency in question has given written permission to the output.
Persons dressed in costume as police officers are not guilty of impersonation unless they explicitly identify themselves or indicate to others that they are actual police officers. This must be their aim, as evidenced by their acts and the testimony of witnesses, if any, in the case at hand. It is also against the law for an actual law enforcement officer to lend or sell their badge to a non-officer who plans to pose as a police officer on the streets.
If the alleged impersonator intended to deter crime by impersonating an officer, they are nevertheless guilty of the charge and may face criminal prosecution under PC 538d. A person’s good intentions may be enough to exempt them from being held accountable under this rule.
LAWFUL DEFENSES AGAINST IMPERSONATION BY A POLICE OFFICER
One of the essential elements that the prosecutor needs to establish to convict you of impersonating a police officer is that you had the intent to commit the crime. In the absence of any malicious intent, you were simply a person with a badge or dressed in a police uniform. In determining whether or whether someone is guilty of this crime, the perpetrator’s intent is crucial.
Suppose someone is making a prank on a buddy or is an antique collector who is interested in badges and insignia. In that case, this is not a crime, and you will not be prosecuted or convicted in this situation. Under the specifics and circumstances of your case, your attorney would attempt to demonstrate that you acted without malice.