False Identification as a Peace Officer; Misrepresentation of Property

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

False identification as a peace officer is a class B misdemeanor.

Statute(s)

§ 37.12. FALSE IDENTIFICATION AS PEACE OFFICER;
MISREPRESENTATION OF PROPERTY. (a) A person commits an offense
if:
(1) the person makes, provides to another person, or
possesses a card, document, badge, insignia, shoulder emblem, or
other item bearing an insignia of a law enforcement agency that
identifies a person as a peace officer or a reserve law enforcement
officer; and
(2) the person who makes, provides, or possesses the
item bearing the insignia knows that the person so identified by the
item is not commissioned as a peace officer or reserve law
enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge, insignia, shoulder
emblem, or other item bearing an insignia of a law enforcement
agency clearly identifies the person as an honorary or junior peace
officer or reserve law enforcement officer, or as a member of a
junior posse;
(2) the person identified as a peace officer or
reserve law enforcement officer by the item bearing the insignia
was commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively
for decorative purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has
the same meaning as is given that term in Section 1701.001,
Occupations Code.
(d) A person commits an offense if the person intentionally
or knowingly misrepresents an object as property belonging to a law
enforcement agency.
(e) An offense under this section is a Class B misdemeanor.

Added by Acts 1983, 68th Leg., p. 5672, ch. 1075, § 1, eff. Sept.
1, 1983. Amended by Acts 1987, 70th Leg., ch. 514, § 1, eff.
Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept.
1, 1994; Acts 2001, 77th Leg., ch. 1420, § 14.831, eff. Sept. 1,
2001.