The offense of falsely representing oneself as a law enforcement officer, or wearing a police uniform, badge or insignia without authorization, most often to gain a victim's trust or compliance in furtherance of another crime such as robbery, sexual assault, or fraud, though the underlying impersonation is itself typically prosecuted as a distinct offense regardless of whether it succeeded in facilitating a further crime. Law enforcement agencies in a number of countries have documented cases in which an offender used a fake or stolen badge and a vehicle equipped to resemble an unmarked police car specifically to stop and rob or assault a victim, and the offense is generally treated as more serious where the impersonation was used to carry out or facilitate an additional crime.
Facts
Classification CodeIn New York, criminal impersonation in the second degree under Penal Law 190.25 is a class A misdemeanor 1 Typical PenaltyIn Ireland, under the Garda Siochana Act 2005, a fine of up to 50,000 euros, or imprisonment for up to five years, or both, on conviction on indictment 2 Elements of OffenseUnder the closely related US federal statute 18 U.S.C. 912, covering impersonation of a federal officer, the person must falsely assume or pretend to be an officer acting under the authority of the United States and act as such, or in that pretended character demand or obtain money, paper, a document, or a thing of value 3 Notable ExampleAnders Behring Breivik carried out the 2011 Oslo bombing and Utøya mass shooting in Norway while dressed in a police uniform 2 Jurisdiction VariationIn the United Kingdom, police impersonation with intent to deceive is criminalised specifically by Section 90 of the Police Act 1996, a narrower definition than New York's broader criminal impersonation statute 2 Classification
Offense GradeMinor or Summary Offense 1 Connections
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Sources
1. New York Penal Law 190.25 (NY Senate)
Penal Law 190.25 classification lineQuote, Penal Law 190.25 classification line
Criminal impersonation in the second degree is a class A misdemeanor.
2. Police impersonation (Wikipedia)
Ireland legislation section
a fine of up to €50,000, or imprisonment for up to five years, or both
Notable incidents section
Anders Behring Breivik carried out a bombing in Oslo and a mass shooting in Utøya, all while dressed in a police uniform.
United Kingdom section
Police impersonation "with intent to deceive" is criminalised by Section 90 of the Police Act 1996.
View the Source3. 18 U.S. Code 912, Officer or employee of the United States (Cornell LII)
Section 912 full textQuote, Section 912 full text
Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.
legislation.gov.uk (The National Archives): Police Act 1996, section 90
legislation.gov.uk (The National Archives)In Group: Impersonating Officials, Section textQuote, In Group: Impersonating Officials, Section text
Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
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