Michigan Criminal Code: False Personation or Impersonation

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False representation as peace officer or medical examiner

Published: 9 months ago

THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.215 False representation as peace officer or medical examiner; violation; penalty; "peace officer" defined. Sec. 215.

(1) An individual who is not a peace officer or a medical examiner shall not do any of the following: (a) Perform the duties of a peace officer or a medical examiner. (b) Represent to another person that he or she is a peace officer or a medical examiner for any unlawful purpose. (c) Represent to another person that he or she is a peace officer or a medical examiner with the intent to compel the person to do or refrain from doing any act against his or her will. (2) Except as provided in subsection (3), an individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both. (3) An individual who, in violation of subsection (1), performs the duties of a peace officer to commit or attempt to commit a crime or represents to another person that he or she is a peace officer to commit or attempt to commit a crime is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $5,000.00, or both. (4) A sentence imposed under subsection (3) may be ordered to be served consecutively to any term of imprisonment imposed for another violation arising from the same transaction. (5) As used in this section, "peace officer" means any of the following: (a) A sheriff or deputy sheriff of a county of this state or another state. (b) An officer of the police department of a city, village, or township of this state or another state. (c) A marshall of a city, village, or township. (d) A constable. (e) An officer of the Michigan state police. (f) A conservation officer. (g) A security employee employed by the state pursuant to section 6c of 1935 PA 59, MCL 28.6c. (h) A motor carrier officer appointed pursuant to section 6d of 1935 PA 59, MCL 28.6d. (i) A police officer or public safety officer of a community college, college, or university who is authorized by the governing board of that community college, college, or university to enforce state law and the rules and ordinances of that community college, college, or university. (j) A park and recreation officer commissioned under section 1606 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1606. (k) A state forest officer commissioned under section 83107 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.83107. (l) A federal law enforcement officer. (m) An investigator of the state department of attorney general. (n) A railroad police officer appointed, commissioned, and acting as provided in section 367 of the railroad code of 1993, 1993 PA 354, MCL 462.367.

History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.215 ;-- Am. 1957, Act 41, Eff. Sept. 27, 1957 ;-- Am. 1991, Act 145, Imd. Eff. Nov. 25, 1991 ;-- Am. 2002, Act 672, Eff. Mar. 31, 2003 ;-- Am. 2003, Act 15, Eff. Sept. 1, 2003 ;-- Am. 2018, Act 448, Eff. Mar. 21, 2019 Former Law: See section 18 of Ch. 156 of R.S. 1846, being CL 1857, § 5837; CL 1871, § 7670; How., § 9252; CL 1897, § 11322; CL 1915, § 14989; CL 1929, § 16580; and Act 67 of 1925.

Understanding Michigan Penal Code 750.215: False Representation as Peace Officer or Medical Examiner

Michigan Penal Code 750.215 addresses the offense of falsely representing oneself as a peace officer or a medical examiner. This section prohibits individuals who are not peace officers or medical examiners from performing their duties, making false representations, or using their false identity for unlawful purposes. The key points of this statute are summarized below:

False Representation as Peace Officer or Medical Examiner

  1. An individual who is not a peace officer or a medical examiner shall not: a. Perform the duties of a peace officer or a medical examiner. b. Represent themselves as a peace officer or a medical examiner for any unlawful purpose. c. Represent themselves as a peace officer or a medical examiner with the intent to compel another person to do or refrain from doing any act against their will.

Penalties

  1. Individuals who violate subsection (1) are guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both.
  2. If an individual, in violation of subsection (1), performs the duties of a peace officer to commit or attempt to commit a crime or represents themselves as a peace officer to commit or attempt to commit a crime, they are guilty of a felony. The punishment for this offense is imprisonment for not more than 4 years, a fine of not more than $5,000.00, or both.
  3. A sentence imposed under subsection (3) may be ordered to be served consecutively to any other imprisonment term imposed for another violation arising from the same transaction.

Definition of Peace Officer

  1. "Peace officer" includes various law enforcement officers and officials such as sheriffs, deputy sheriffs, city or township police officers, state police officers, conservation officers, federal law enforcement officers, investigators of the state department of attorney general, and others listed in the statute.

Please note that this is a simplified explanation of Michigan Penal Code 750.215. 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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