Impersonating a Police Officer | Penal Code § 538

Description

Criminal charges for Impersonating a Police Officer may be filed when a person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits or used the authorized uniform, insignia emblem, device, label, certificate, card, or writing, or a peace officer with the intent of fraudulently impersonating a peace officer.

What does the prosecutor have to prove?

1. Defendant willfully wore, exhibited or used the authorized insignia, emblem, device, label, certificate, card or writing of a peace officer.
2. Defendant acted with the intent to fraudulently impersonate a peace officer or to fraudulently induce the belief that he or she is a peace officer.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No