4.413 — IMPERSONATION OF AN EMT/FIREFIGHTER

Violations of "Statute 4.413" results in a Class D Felony

---

(a) Definitions

Impersonation of an EMT (Emergency Medical Technician) or firefighter refers to the act of falsely assuming or pretending to be an EMT or firefighter, with the intent to deceive others or gain an unlawful benefit.

(b) Elements

To establish the offense of impersonation of an EMT/firefighter, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant knowingly impersonated or assumed the identity of an EMT or firefighter.

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, authority, or access to emergency services, or to perform actions that would typically be performed by an EMT or firefighter.

(c) Defenses

Defenses against a charge of impersonation of an EMT/firefighter may include:

• The defendant did not knowingly impersonate an EMT or firefighter, and was mistaken for such an individual.

• The defendant was acting in a legitimate capacity as an EMT or firefighter, and not impersonating them unlawfully.

• The actions were part of an authorized or legitimate role, such as participating in a training or event, and not intended to deceive or defraud.

(d) Aggravating Factors

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

• The impersonation was used to commit or facilitate another crime, such as fraud or theft.

• The defendant performed or attempted to perform emergency services or actions while impersonating an EMT or firefighter, endangering public safety.

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