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Impersonating a Peace Officer

Remember the childhood game of cops and robbers?  One person would dress up as the cop and the other would be the bandit.  It was a harmless game.  But did you know that Wisconsin law makes it illegal to impersonate a peace officer?  This post will examine the point where a fun game crosses the line to actually being a crime.

The Law

The crime of impersonating a peace officer is located in Section 946.70(1) of the Wisconsin Statutes.  But we have to look to Section 939.22(22) for the definition of a “peace officer.”  A peace officer is any person vested by law with a duty to maintain public order or to make arrests for crime.  This includes a commission warden and a university police officer.  The simplest example, and likely the most often impersonated, is your local police officer or sheriff’s deputy.

The first requirement is that the defendant impersonated a police officer.  Impersonate can mean a few different things: assuming the identity or characteristics of a police officer; representing oneself to be a police officer; pretending to be a police officer.  The defendant must also not have the authority to impersonate a police officer.  The defendant can impersonate a police officer by making verbal declarations or by physical impersonations such as wearing a badge or uniform.

The second requirement is that the defendant impersonated a police officer with the intent to mislead others into believing that they are actually a police officer.  This means that simply dressing up as a police officer is not a crime.  Rather, there must be that second element of intent to mislead others.

A person charged with impersonating a police officer faces a Class A misdemeanor, 9 months in jail and/or a fine of $10,000.  If the person impersonated a police officer with the intent to commit a different crime, the penalty is a Class H felony with a maximum of 6 years in prison.

Impersonating a Police Officer in the News

While this crime is not often prosecuted in Wisconsin, a quick search reveals more than a few headlines over the past few years.  A man in southeastern Wisconsin was charged after going into a local Walgreen’s with a gun and tactical vest.  He allegedly told people that he works in law enforcement, but never provided further details.  A second man in southeastern Wisconsin was recently charged with impersonating a Homeland Security officer.  These two cases have a few things in common.  First, both defendants were a were accused of wearing clothing commonly worn by police officers.  And second, both intended that members of the public believe that they are in fact police officers.

What if I am Charged?

If you or a loved one are charged with impersonating a peace officer, you should contact the experienced criminal defense attorneys at Meyer Van Severen today.  You may have a valid defense to the charge and you need quality legal representation to help protect your rights.  Call us today for a free consultation!