Impersonating a Peace Officer – Colorado Law & Penalties – C.R.S. § 18-8-112

Colorado Revised Statute § 18-8-112 C.R.S. makes it a crime to impersonate a peace officer by falsely pretending to be a police officer and performing an act while pretending that role.

As a class 5 felony, impersonation of a peace officer carries one to three years in prison (plus two years of parole) and/or a fine of $1,000 to $100,000.

In this article, our Denver criminal defense lawyers will address the following key issues regarding impersonation of a peace officer in Colorado law:

• 1. Elements of C.R.S. 18-8-112
• 2. Examples
• 3. Additional Charges
• 4. Defenses
• 5. Related Offenses
• Frequently Asked Questions
• Additional Reading

1. Elements of C.R.S. 18-8-112

For you to be convicted of impersonating a peace officer in Colorado, prosecutors have to prove beyond a reasonable doubt the following two elements:

1. You falsely pretended to be a policeman or policewoman, and
2. You performed an act while pretending that role.¹

“Impersonation” means to:

• act like,
• pretend to be,
• represent that you are, or
• create the belief in another that you are

a peace officer when you are not. Meanwhile, a “peace officer” is either:

• a policeman or policewoman in uniform, or
• if out of uniform, one who has identified themself by exhibiting their credentials as a peace officer.²

Therefore, you can be charged with impersonating a peace officer even if you are not dressed up as one. You just have to identify yourself as one.

C.R.S. 18-8-112 is the Colorado code section that makes it an offense to impersonate a peace officer.

2. Examples

Common acts of impersonation of a peace officer include (but are not limited to):

• dressing as a police officer while directing foot traffic at a protest;
• presenting fake police credentials, such as a police badge;
• pulling over a driver with red and blue lights;
• directing road traffic while indicating yourself as a peace officer;
• making an arrest; or
• verbally indicating to others that you are a police officer.

Note that you can still dress up as a policeman or policewoman for fun, like during Halloween. For it to rise to the level of impersonation under C.R.S. 18-8-112, you must do something that a real police officer would perform in their official capacity.

3. Additional Charges

Impersonating a peace officer is charged alongside other criminal conduct allegedly done during the impersonation. Crimes which commonly occur alongside police impersonation include:

• Sexual assault/rape;
• Theft;
• Assault;
• Fraud; and
• Kidnapping.

Depending on the facts of the case, the penalties for these offenses plus a C.R.S. 18-8-112 conviction can run consecutively (one after the other), greatly increasing the overall prison sentence. We would argue for the penalties to run concurrently (at the same time).

Wearing police costumes that are clearly costumes is no crime.

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with fraud crimes, including impersonation of a peace officer. In our experience, the following three defenses have proven very effective at getting C.R.S. 18-8-112 charges reduced or dismissed through a plea deal.

1. You were not impersonating a peace officer;
2. You did not represent to others that you were a policeman or policewoman; or
3. You performed no official acts of a peace officer.

Typical evidence in these cases includes video surveillance footage and eyewitness accounts.

5. Related Offenses

• Obstructing a Peace Officer – using (or threatening to use) force to obstruct, impair, or hinder a police officer, firefighter, emergency medical services provider, rescue specialist, or volunteer.³
• Disarming a Peace Officer – knowingly removing a firearm, stun gun, or other similar device of a peace officer while under color of their official authority.⁴

Impersonation of a police officer is a Colorado felony.

Frequently Asked Questions

What are the penalties if I am convicted of impersonating a peace officer in Colorado?

Impersonating a peace officer is a class 5 felony in Colorado. You could face one to three years in prison, plus two years of parole, and/or a fine between $1,000 and $100,000. If you’re charged with other crimes at the same time, the penalties could be even higher.

Can I get in trouble for wearing a police costume on Halloween or for a party?

No, you can lawfully wear a police costume for fun or entertainment. To be charged with impersonating a peace officer, you must actually pretend to be a real police officer and perform official acts that real officers do, like making arrests or pulling over drivers.

What exactly counts as “impersonating” a peace officer under Colorado law?

Impersonating means acting like, pretending to be, or making others believe you are a police officer when you’re not. You do not have to wear a uniform – simply telling people you are a cop and then doing something a real officer would do (like directing traffic or showing fake badges) can be enough.

What defenses can help me fight an impersonation charge?

Common defenses include proving you weren’t actually impersonating an officer, that you never told others you were police, or that you didn’t perform any official police acts. Evidence like video footage and witness statements are typically used to build these defenses.

Additional Reading

For recent news articles regarding impersonation of police in Colorado, refer to the following:

• MSPD warns community of impersonation scams (Colorado Springs) – Fox21 News.
• Alleged police impersonator captured in Northern Colorado – CBS News.
• Denver police warn of law enforcement impersonator driving gray van – Fox31 News.
• 63-year-old man arrested on suspicion of impersonating an officer (Larimer County) – NBC9 News.
• Colorado man arrested, accused of impersonating a police officer to avoid I-25 traffic – CBS News.

Legal References: