Last Updated on February 21, 2025
It’s normal for both adults and kids to pretend to be a policeman as a Halloween costume or when playing make-believe. But pretending to be a cop is legal as long as it’s not done to fraudulently trick another person into actually believing you are an officer of the peace. There is a significant distinction between an adult dressing up as a police officer at a costume party or a child pretending to arrest a friend and the crime of impersonating a peace officer. “Here’s what I would want a client to know if they have been accused of violating Penal Code 538d (PC),” says Vista attorney Peter Liss.
Impersonating a Police Officer in Vista, California
California State Penal Code 538d (PC) makes it a crime to fraudulently pretend to be a police officer. Specifically, subsection 538d(a) (PC) prohibits wearing, exhibiting, or using “the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that he or she is a peace officer,” and subsection 538d(b) prohibits or wearing, exhibiting, or using a badge for these same types of fraudulent purposes.
In plain English, it’s not illegal to wear the costume of a police officer, even one with a realistic badge. Instead, someone is only guilty of impersonating law enforcement officers if they actually present themselves in some way as a police officer. “While most people accused of police impersonation were wearing a uniform or flashing a pretend badge, I have heard of people being charged with this crime after claiming to be an off-duty or undercover officer,” says attorney Liss.
You can also be charged with violating 538d (PC) if you sold someone a real badge or uniform, knowing they were not authorized to have these items.
What’s the Penalty for Impersonating a Police Officer?
“I talk to many people who assume impersonating a police officer is a felony; however, this offense is actually a misdemeanor in California,” explains attorney Liss. The maximum sentence for 538d(a) (PC), which involves using a uniform, writing, card, emblem, insignia, label, etc., to fraudulently convince someone you are a police officer, is 6 months in jail and a $1,000 fine. On the other hand, if you used a badge to fraudulently impersonate a police officer, you could face a maximum jail sentence of up to one year and be forced to pay a fine of up to $2,000 under 538d(b) (PC).
“In my experience,” says Mr. Liss, “those convicted of this crime typically only face probation.” He notes that falsely representing yourself as a police officer to gain information or financial advantage will cause the prosecutors and judge to consider a higher penalty, though.
Additionally, many people accused of impersonating a police officer will face additional charges based on what they allegedly did while pretending to be an officer of the law. Mr. Liss says, “the most common offenses I’ve seen applied to cases where people were accused of fraudulently impersonating a peace officer include sex offenses, fraud, theft, and driving crimes.”
Defenses to 538d (PC)
It is possible to fight these charges. “The best defenses I see used in these cases are that the individual did not intend to commit fraud or that they were not impersonating a police officer,” Mr. Liss states.
Having no intent to defraud is the reason strippers can get away with dressing up like police officers and telling someone they are “under arrest” before giving them a lap dance —the person getting the dance generally knows the situation is not real because the stripper is not wearing a realistic-looking costume and because the individual (or their friend) hired the stripper for the party.
Not impersonating an officer is a simple defense, but effective. A good example is a security officer with a uniform similar to the police who placed someone under a citizen’s arrest. Someone may claim he was impersonating an officer, but unless he actually said he was a police officer or acted in a way to infer he was, he didn’t violate the law. It’s a good idea to only attempt this defense with the help of a lawyer. As Mr. Liss explains, “I would want to make sure my client didn’t try to defend themselves by claiming to be a doctor, lawyer, firefighter, or other type of licensed professional, which could potentially open them up to other criminal charges instead.”
While less commonly used because it only applies to specific situations, a solid defense to these charges is to show that you were only in the costume or in possession of the badge because you were involved with a legitimate stage or film production. Before obtaining these costumes and props, productions must first obtain permission from the police, which means this defense will not be applicable most of the time. Still, when it is, it’s reasonably bulletproof unless someone used the costume or badge outside of the official production.
Differences Between False Impersonation
A similar crime often charged alongside police impersonation is that of false impersonation. This crime involves attempting to pretend to be another person to benefit from the impersonation or harm another person (whether or not the attempt was successful). False impersonation requires impersonating a specific person, not a profession. You can be charged with false impersonation and impersonating a peace officer if you pretend to be a specific officer of the law.
It’s worth noting that whereas impersonating a law enforcement official is a misdemeanor, impersonating an individual can be charged as a misdemeanor or felony. As a felony, this offense is punishable by up to 3 years in prison. Generally, felony charges are reserved for those who successfully gained something or harmed the person they were impersonating.
Local Impersonating Police Cases
These cases are way more common than you might expect in San Diego. A few examples that occurred in or around Vista include:
- In 2018, Vista resident Abraham Joseph Nava was arrested near the Wave Waterpark and accused of impersonating a Sheriff’s deputy. He committed the offense on several occasions, talking to members of the public, passing out fake business cards, and even detaining two children and taking away their skateboards. Officers discovered a fake uniform, badge, and business cards when they searched his home. He pleaded guilty to felony false imprisonment and was sentenced to three years of formal probation.
- In 2022, Oceanside resident Michael Anthony Carmichael was arrested after dressing like a Sheriff’s deputy and using lights secured to his vehicle to pull over multiple drivers in Bonsall, Oceanside, San Marcos, and Fallbrook. He was charged with impersonating a police officer, false imprisonment, felony evasion, and possession of illegal weapons, specifically a baton and brass knuckles. He was sentenced to one year in jail and two years of probation.
If you have been accused of this serious crime, contact a lawyer immediately. “With over 40 years of experience, I can help you fight this charge,” says Peter Liss. You can schedule a free initial consultation by calling (760) 643-4050.
