Michigan Criminal Code: False Personation or Impersonation

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Emblem, insignia, logo, service mark, or other identification of law enforcement agency

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.216b Emblem, insignia, logo, service mark, or other identification of law enforcement agency or facsimile; violation as misdemeanor; "law enforcement identification" defined; exception. Sec. 216b.

(1) A person, other than a peace officer, shall not wear or display the emblem, insignia, logo, service mark, or other law enforcement identification of any law enforcement agency, or a facsimile of any of those items, if either of the following applies: (a) The person represents himself or herself to another person as being a peace officer. As used in this subdivision, "peace officer" means that term as defined in section 215. (b) The wearing or display occurs in a manner that would lead a reasonable person to falsely believe that the law enforcement agency whose emblem, insignia, logo, service mark, or other law enforcement identification or facsimile is being worn or displayed is promoting or endorsing a commercial service or product or a charitable endeavor. (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. A charge under or a conviction or punishment for a violation of this section does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same transaction. (3) As used in this section, "law enforcement identification" means any identification that contains the words "law enforcement" or similar words, including, but not limited to, "agent", "enforcement agent", "detective", "task force", "fugitive recovery agent", or any other combination of names that gives the impression that the bearer is in any way connected with the federal government, state government, or any political subdivision of a state government. However, law enforcement identification does not include "bail agent" or "bondsman" when used by a bail agent or bondsman operating in accordance with section 167b. (4) This section does not apply to a person appointed by a court of this state to serve as a bailiff or court officer under section 8321 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8321, or under MCR 3.106 or MCR 2.103.

Understanding Michigan Penal Code 750.216b: Unauthorized Use of Law Enforcement Emblems, Insignias, or Identifications

Michigan Penal Code 750.216b addresses the offense of wearing or displaying the emblem, insignia, logo, service mark, or other law enforcement identification of any law enforcement agency, or a facsimile of these items, without proper authorization. The key points of this statute are summarized below:

Unauthorized Use of Law Enforcement Emblems, Insignias, or Identifications

  1. It is a misdemeanor offense for a person, other than a peace officer, to wear or display the emblem, insignia, logo, service mark, or other law enforcement identification of any law enforcement agency, or a facsimile of these items, under the following circumstances: a) The person represents themselves to another person as being a peace officer. "Peace officer" is defined as in section 215. b) The wearing or display gives the false impression that the law enforcement agency whose identification is being worn or displayed is endorsing a commercial service or product or a charitable endeavor.

Penalties and Other Provisions

  1. Violation of this section is a misdemeanor punishable by imprisonment for not more than 93 days, a fine of not more than $500.00, or both.
  2. A charge, conviction, or punishment under this section does not prevent a person from being charged with, convicted of, or punished for any other violation of law arising from the same incident.
  3. "Law enforcement identification" is defined as any identification that contains the words "law enforcement" or similar words, suggesting a connection with federal or state government or political subdivisions. This includes terms like "agent," "detective," "task force," "fugitive recovery agent," or other combinations of names. However, "law enforcement identification" does not include "bail agent" or "bondsman" when used by a bail agent or bondsman operating in accordance with section 167b.
  4. This section does not apply to individuals appointed by a court in Michigan to serve as bailiffs or court officers under specified provisions of the revised judicature act or court rules.

Please note that this is a simplified explanation of Michigan Penal Code 750.216b. For a complete understanding of the law and its implications, it is recommended to consult the full text of the statute and seek legal advice if necessary.

This should be used for informational and general purposes only and should not be construed as legal advice or relied on aside for general information that may contain opinion.


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