4.414 — IMPERSONATION OF A GOVERNMENT OFFICIAL

Violations of "Statute 4.414" results in a Class D Felony

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(a) Definitions

Impersonation of a government official refers to the act of falsely assuming or pretending to be any individual holding an official government position, including but not limited to elected officials, public servants, and bureaucrats, with the intent to deceive or gain an unlawful advantage.

(b) Elements

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

1. The defendant knowingly impersonated or assumed the identity of a government official.

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, access, or influence as if they were a legitimate government official.

(c) Defenses

Defenses against a charge of impersonation of a government official may include:

• The defendant did not knowingly impersonate a government official, and was mistaken for such an individual.

• The actions were taken with the consent or authorization of the government official whose identity was assumed.

• The defendant’s actions were for a legitimate purpose 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 defendant used the impersonation to defraud the government or private individuals.

• The defendant's actions involved significant financial loss, harm to public trust, or impact on public safety.

• The defendant had a history of similar offenses or a pattern of impersonating government officials.