4.411 — IMPERSONATION OF A CITIZEN
Violations of "Statute 4.411" results in a Class C Misdemeanor
(a) Definitions
Impersonation of a citizen refers to the act of falsely assuming the identity of a private individual, not in an official capacity, with the intent to deceive, gain a benefit, or cause harm. This includes using another individual’s personal information or characteristics to:
Gain access to resources or services.
Commit fraud or theft.
Deceive others for personal gain.
(b) Elements
To establish the offense of impersonation of a citizen, the prosecution must prove beyond a reasonable doubt the following elements:
The defendant knowingly impersonated or assumed the identity of another individual.
The defendant did so with the intent to deceive or mislead others for unlawful purposes.
The defendant gained or attempted to gain a benefit or caused harm to another as a result of the impersonation.
(c) Defenses
Defenses against a charge of impersonation of a citizen may include:
The defendant did not knowingly impersonate another individual and was mistaken for that person.
The defendant had consent or authorization from the individual whose identity was allegedly assumed.
The defendant’s actions were for a legitimate or authorized purpose.
(d) Aggravating Factors
When determining the severity of the offense, the court may consider the following aggravating factors:
The impersonation was part of a broader fraudulent scheme or other criminal activity.
The defendant caused significant harm, such as financial loss, emotional distress, or damage to the victim’s reputation.
The defendant has a history of similar offenses.
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