Can you be arrested "impersonating" a peace officer online?

[Doug.38PR]

This occured to me as I was thinking about my screename a minute ago after posting something. I typically carry a Colt .38 Official Police but I call my screename Doug.38PR (as in Police Revolver) I figured "Official Police" attached to my name might give some the idea that I am a peace officer, but Police Revolver has the peace officer term applied to my gun.

That was just for not giving anybody the wrong idea about me. BUT, having considered how many threads I have seen and stories I have seen about what "impersonating" a peace officer is, it is a pretty broad definition. I used to believe it simply mean't someone intentionally decieving someone by impersonating a peace officer in order to commit criminal acts or falsely represent authority to people. But I've heard of people getting arrested just for having a car that was painted the wrong color and someone thought the driver might be a policeman.

Now I'm not worried about this in regard to my own name, but for the sake of interesting discussion suppose somebody came onto one of these forums and called themselves something like JohnTexasStateTrooper and in fact was just a 16 year old boy behind the keyboard.

Could said person be arrested for impersonating a peace officer?

[jbirds1210]

I don't think it fits into either of these categories......just my opinion.

§ 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
commits an offense if he:
(1) impersonates a public servant with intent to
induce another to submit to his pretended official authority or to
rely on his pretended official acts; or
(2) knowingly purports to exercise any function of a
public servant or of a public office, including that of a judge and
court, and the position or office through which he purports to
exercise a function of a public servant or public office has no
lawful existence under the constitution or laws of this state or of
the United States.
(b) An offense under this section is a felony of the third
degree.

§ 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.

[Doug.38PR]

That sounds like common sense. Glad to hear that's the case in Texas. However, I've seen threads against CHLers NOT getting a badge (aside from being laughed at for "what the heck is a CHLer? What agency is that?) is that they might very well be arrested for impersonating a peace officer if someone happens to see a badge next to their gun.

[Liko81]

Well, but online falls under federal statutes too, even if the people you were talking to were in-state as well.

TITLE 18 > PART I > CHAPTER 43 > § 912

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

Online or in person, if you pretend to be an officer and try to use that color of law to demand something of value from someone else, you are a felon. In addition, the next section makes arresting, detaining or searching a person or his property under impersonated color of law illegal. This federal law is well-known by scam-baiters, who avoid creating LE characters in their baits because they would be guilty of Sec 912. Now, this doesn't mean you can't SAY you're an LEO; you just cannot use that statement to invoke any authority normally reserved for LEOs.

[Doug.38PR]

That brings up anoher point. When did the internet fall under federal jurisdiction? In fact, one of the constant complaints by liberals is that "the internet needs to be regulated." I mean the net is basically an open field for people in countries all over the world.

But, back to the original topic, so a CHLer could theoritically go out, buy a badge, stick it next to his gun on his belt and if it is seen (for whatever reason) and the person who spotted it believes that this man is a peace officer on that basis alone, then that CHLER cannot be arrested for impersonation (or convicted)

[boomerang]

That brings up anoher point. When did the internet fall under federal jurisdiction?

In Wickard v. Filburn, SCOTUS ruled the Feds can do anything they want.

[casingpoint]

Should not be a problem as long as you are wearing your CHL badge.

[srothstein]

That brings up anoher point. When did the internet fall under federal jurisdiction? In fact, one of the constant complaints by liberals is that "the internet needs to be regulated." I mean the net is basically an open field for people in countries all over the world.

The net has been under federal jurisdiction since before it was invented. Interstate Commerce includes the wires that run interstate for communications and most of the federal laws on what you do on-line are based on using interstate wires for a crime. This is how they get you for phone calls and such too. And the actual communication does not have to go interstate, just use wires that do (which is every telephone wire or internet cable connection in the country).

But, back to the original topic, so a CHLer could theoritically go out, buy a badge, stick it next to his gun on his belt and if it is seen (for whatever reason) and the person who spotted it believes that this man is a peace officer on that basis alone, then that CHLER cannot be arrested for impersonation (or convicted)

One of the key elements of the offense of impersonating is that the person must try to get someone else to submit to their pretended authority. You have to tell the person to do something. Just wearing the badge would not do anything, but wearing the gun in the open could get a CHL in trouble other ways.

[Doug.38PR]

How so? I guess you could get in trouble for indirectly flashing your gun (if anybody actually knows what a CHL badge is anyway).

But I wasn't really talking about wearing it openly. I'm talking about if it is under your coat or shirt and the wind hits it just right and someone is looking at the right time and it and your gun are seen.

Here is a thread I posted on impesonating a cop some years ago http://www.thefiringline.com/forums/sho ... =CHL+badge

If some of these folk's comments are true, then you could conceivably be arrested if your screename is tracked down

[dukalmighty]

This kinda falls under the situation where people wear shirts and hats that have DEA or FBI or ATF on them,does not constitute impersonating a LEO,

[dac1842]

No you cannot be arrested in your case for having PR in your screen name. In order to be in violation of the law you have to do something thats leads someone to believe you are an LEO. Such saying you are AND attemping to arrest someone, or other acts that would lead a reasonable person to believe your were an LEO.

[dukalmighty]

When we were young and dumb in a small town I had a buddy got hold of a magnetic red light,and we were driving around one night and when we saw some kids we knew we got behind them and hit the "light" after they pulled over we walked up to the car and they about killed us.It was funny but illegal and we could of been arrested for impersonating police officers

[AJSully421]

i think you're just fine. you could even talk about how you're a cop and tell "stories" from your patrol last night and get away with it... unless you are producing some sort of document saying you're a cop, or until you try to use your fake police status to coerce someone to do something, or not do something, or get something of value... then you're in it.