4.412 — IMPERSONATION OF A PEACE OFFICER

Violations of "Statute 4.412" results in a Class D Felony

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(a) Definitions

Impersonation of a peace officer refers to the act of falsely assuming or pretending to be a peace officer, such as a police officer, sheriff, or any individual with law enforcement authority, with the intent to deceive others or gain some unlawful benefit.

(b) Elements

To establish the offense of impersonation of a peace officer, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly impersonated or assumed the identity of a peace officer.

2. The defendant did so with the intent to deceive or mislead others for unlawful purposes.

3. The defendant used or attempted to use the impersonation to gain a benefit or to perform an act that would be considered official law enforcement action.

(c) Defenses

Defenses against a charge of impersonation of a peace officer may include:

• The defendant did not knowingly impersonate a peace officer and was mistaken for such an individual.

• The defendant had authorization to act in a law enforcement capacity.

• The actions were part of an authorized or legitimate role, such as acting in a movie, performance, or other non-criminal context.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

• The impersonation was used to facilitate another criminal act, such as fraud or theft.

• The defendant made threats or used force while impersonating a peace officer.

• The impersonation caused significant harm to the victim or public safety.