Criminal impersonation

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  1. (a)

    1. (1) A person commits criminal impersonation in the first degree if, with the purpose to induce a person to submit to pretended official authority for the purpose to injure or defraud the person, the person:

      1. (A) Pretends to be a law enforcement officer by wearing or displaying, without authority, any uniform or badge by which a law enforcement officer is lawfully distinguished; or

      2. (B) Uses a motor vehicle or motorcycle designed, equipped, or marked with an emblem, logo, marking, decal, insignia, or design so as to resemble a motor vehicle or motorcycle belonging to a federal, state, or local law enforcement agency or law enforcement officer.

    2. (2) Criminal impersonation in the first degree is a Class D felony.

  2. (b)

    1. (1) A person commits criminal impersonation in the second degree if the person does an act in his or her pretended or assumed capacity or character with the purpose to injure, defraud, harass, or intimidate another person and the actor:

      1. (A) Assumes a false identity;

      2. (B) Pretends to be a representative of a person or organization;

      3. (C) Pretends to be an officer or employee of the government other than a law enforcement officer described in subsection (a) of this section;

      4. (D) Pretends that he or she is a law enforcement officer when the person is not a law enforcement officer;

      5. (E) Pretends to have a handicap or disability; or

      6. (F) Pretends that he or she is a member of the United States Armed Forces or National Guard.

    2. (2) Criminal impersonation in the second degree is a:

      1. (A) Class D felony if:

        1. (i) The victim of the offense is an animal owner; and

        2. (ii) An animal of the owner is seized as a result of the offense; or

      2. (B) Class A misdemeanor if otherwise committed.

  3. (c) As used in this section:

    1. (1) “Animal” means the same as defined in § 5-62-102; and

    2. (2) “Owner” means the same as defined in § 5-62-102.(d) A circuit court or district court in which a charge is filed under subsection (a) of this section may immediately order the removal of any emblems, logos, markings, decals, insignia, or designs that are the subject of a criminal charge under this section.


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