California Penal Code 538d PC makes it a crime to pretend to be, or to impersonate, a police officer. This may include wearing a police uniform or displaying a fake badge. The offense is a misdemeanor that carries a penalty of up to one year in jail and a fine of up to $2000.00.
PC 538 d states that “any person…who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor” and “any person…who willfully wears, exhibits, or uses the badge of a peace officer with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor…”
Examples
- dressing up as a cop and pretending to patrol a neighborhood.
- trying to intimidate a fellow motorist with a fake police badge.
- wearing a real police uniform and threatening to arrest someone.
Defenses
A defendant can challenge a charge under this statute with a legal defense. Common defenses include:
- no intent to defraud,
- the film or theater prop exception, and/or
- no impersonation of a police officer.
Penalties
A violation of this statute is a misdemeanor. This is opposed to a felony charge or an infraction.
The offense is punishable by:
- custody in county jail for up to one year, and/or
- a maximum fine of $2,000.
A judge can award misdemeanor (or summary) probation in lieu of jail time.
Our California criminal defense attorneys will discuss the following in this article:
- 1. When is impersonating a police officer a crime?
- 2. How can a person fight a 538d PC charge?
- 3. What are the penalties?
- 4. Are there immigration consequences?
- 5. Can a person get a conviction expunged?
- 6. Does a conviction affect gun rights?
- 7. Are there related offenses?
A conviction of impersonating a police officer can result in a misdemeanor
1. When is impersonating a police officer a crime?
A prosecutor must prove the following to convict a person of this offense:
- the defendant willfully wore, exhibited or used the authorized uniform, insignia, emblem, device, label, certificate, card or writing of a peace officer, or
- the accused willfully wore, exhibited or used the authorized badge of a peace officer.1
Note, though, that a defendant will only be guilty under this statute if he also:
- acted with the intent to fraudulently impersonate a peace officer, or
- acted with the intent to fraudulently induce the belief that he is a peace officer.2
The term “fraud” refers to a deliberate act that is designed to:
- secure an unfair gain, or
- cause another person to suffer a loss.3
Example: Marcos is concerned about an increase in vandalism in his neighborhood. He borrows a police uniform from his cousin and conducts “nightly patrols.” His intent is to make potential criminals believe there is extra police presence in the area.
Here, Marcos is guilty of impersonating an officer. He wore a police uniform and badge and did so with the intent to fraudulently make other people believe he was an officer.
Note that Penal Code 538d also requires:
- vendors of law enforcement uniforms to verify that,
- any person who purchases a uniform is a law enforcement employee.4
2. How can a person fight a 538d PC charge?
A defendant can try to beat a PC 538 charge with a good legal defense.
Three common defenses are:
- no intent to defraud,
- film or theater prop, and/or
- no impersonation of a police officer.
2.1. No intent to defraud
Recall that a person is only guilty under this statute if he acts with some type of fraudulent intent. It is a defense, therefore, for an accused to say there was no fraud. Perhaps, for example, a defendant wore a police insignia:
- not to trick someone into believing he was a cop,
- but to pull a joke on a friend.
2.2. Film or theater prop
A person is not guilty under this statute if:
- he wears a uniform solely as a prop for a movie or play, and
- he has permission from the police to do so.5
This is an exception to the general law specifically set forth in Penal Code 538d.
2.3. No impersonation of a police officer
These laws only apply to the impersonation of a police officer. A person cannot be charged under this statute for impersonating some other professional (such as a firefighter). Note, though, that the person might be charged in such an event under some other California statute.
A violation of this crime can result in a fine and/or jail time
3. What are the penalties?
A violation of Penal Code 538d is a misdemeanor.
If a defendant violates this law by using a uniform, insignia, emblem, device, label, certificate, card or writing of a peace officer, the potential penalties are:
- imprisonment in county jail for up to six months, and/or
- a maximum fine of $1,000.6
If a defendant violates the statute by using a police badge, the offense is punishable by:
- custody in jail for up to one year, and/or
- a maximum fine of $2,000.7
Note that uniform vendors that violate this statute can be hit with a $1,000 fine.8
4. Are there immigration consequences?
A conviction for impersonating an officer generally does not impact a person’s immigration status.
Sometimes non-citizens can be:
- deported, or
- marked as inadmissible
after being convicted of a California crime.
An example involves convictions for crimes involving moral turpitude.
PC 538d violations, though, do not have this effect.
5. Can a person get a conviction expunged?
A person can get an expungement if convicted under this statute.
A judge can award an expungement if the defendant successfully completes:
- probation, or
- his jail term (whichever was imposed).
An expungement is favorable since it:
- removes many of the hardships,
- associated with a conviction.
6. Does a conviction affect gun rights?
A conviction of these laws does not hurt a person’s gun rights.
California law says that some crimes, like felonies, will prohibit a person from:
- owning a gun, or
- possessing a gun.
Impersonating a police officer, though, will not produce either of these results.
7. Are there related offenses?
There are three crimes related to impersonating an officer. These are:
- false impersonation – PC 529,
- resisting arrest – PC 148a1, and
- identity theft – PC 530.5.
7.1. False impersonation – PC 529
Penal Code 529 PC is the California statute that defines the crime of “false impersonation.” The crime is committed when someone:
- uses another person’s name
- to cause harm or gain an unjust advantage.
Note that no harm has to occur for a person to commit a crime under PC 538d. The offense is complete by the wearing of a uniform or badge.
7.2. Resisting arrest – PC 148a1
Penal Code 148 PC is the California statute that makes it a crime for a person to:
- willfully resist or obstruct a police officer, or EMT, and
- do so in the performance of his official duties.
It is not a defense, though, if a person is:
- acting in self-defense,
- to unlawful police aggression.
7.3. Identity theft – PC 530.5
Penal Code 530.5 PC is the California statute that defines the crime of identity theft.
A person commits this offense when he:
- takes someone’s personal identifying information, and
- uses it in any unlawful or fraudulent manner.
As with Penal Code 538d, a prosecutor must prove fraudulent intent under this statute.
For additional help…
Contact us for additional help.
For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group.
For information on impersonating a police officer in Nevada or Colorado, please see our articles on:
- “NRS 199.430 – Nevada Laws for Impersonation of a Public Officer,” and
- “Impersonating a Peace Officer – Colorado Law CRS 18-8-112.”
Legal References:
- California Penal Code 538d PC. The full text of the code section reads that: (a) Any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the badge of a peace officer with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge of a peace officer as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a peace officer, for the purpose of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.(c) (1) Except as provided in subdivision (d), any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of a peace officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000).(2) A local law enforcement agency in the jurisdiction that files charges against a person for a violation of paragraph (1) shall seize the badge, insignia, emblem, device, label, certificate, card, or writing described in paragraph (1).
(d) (1) The head of an agency that employs peace officers, as defined in Sections 830.1 and 830.2, is authorized to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. The identification authorized pursuant to this subdivision is separate and distinct from the identification authorized by Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6.
(2) If the head of an agency issues a badge to an honorably retired peace officer that is not affixed to a plaque or other memento commemorating the retiree’s service for the agency, the words “Honorably Retired” shall be clearly visible above, underneath, or on the badge itself.
(3) The head of an agency that employs peace officers as defined in Sections 830.1 and 830.2 is authorized to revoke identification granted pursuant to this subdivision in the event of misuse or abuse.
(4) For the purposes of this subdivision, the term “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination.
(e) (1) Vendors of law enforcement uniforms shall verify that a person purchasing a uniform identifying a law enforcement agency is an employee of the agency identified on the uniform. Presentation and examination of a valid identification card with a picture of the person purchasing the uniform and identification, on the letterhead of the law enforcement agency, of the person buying the uniform as an employee of the agency identified on the uniform shall be sufficient verification.
(2) Any uniform vendor who sells a uniform identifying a law enforcement agency, without verifying that the purchaser is an employee of the agency, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).
(3) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified law enforcement agency.
- See same.
- See, e.g., Nickerson v. Stonebridge Life Ins. Co. (2013) 219 Cal.App.4th 188.
- California Penal Code 538d.
- See same.
- California Penal Code 19 PC.
- California Penal Code 538d.
- See same.