Is Impersonating an Officer a Felony?

Most, if not all, states and the federal government make it a crime to impersonate a police officer. Our society entrusts police officers with significant authority, including the powers to detain, arrest, carry firearms, and use force. Those who impersonate law enforcement officers erode public confidence in this system—making it more difficult for genuine government officials to maintain law and order. Lawmakers have created criminal penalties to deter this type of fraudulent behavior. Many of these impersonation laws include other public officers as well.

Understanding Laws That Prohibit Impersonating an Officer

State and federal laws define the crime of impersonating an officer differently. But, generally speaking, these laws prohibit a person from falsely representing oneself as a public officer with the intent of misleading another.

What Types of Officers

These laws typically apply to persons impersonating local, state, and federal law enforcement officers. Some specify that these officers include all badge-wearing officers, including traffic cops, park police, transit authority police, and constables. Many states' laws also include or have a separate penalty for impersonating other government officials, military officers, firefighters, and the like.

Defining Impersonation

The definition of impersonation can also vary by jurisdiction. Some states specify different ways a defendant might commit an impersonation, whether by wearing a legitimate-looking uniform, displaying a badge, flashing blue lights, or driving a vehicle marked with "police" or equipped with lights. Others simply leave it at "impersonate" and focus on the person's false representations.

Impersonator's Fraudulent Intent

To commit this crime, these laws generally require the impersonator to act with some type of fraudulent intent. Some laws only require proof that the impersonator intends to mislead another into believing they are an officer. Others require an intent to defraud or cause another's reliance on their authority. For example, the impostor intends to use their false authority as a police officer to search a person's house for drugs and confiscate them.

What Are the Federal Penalties for Impersonating an Officer?

Pretending to be a federal officer or employee can result in felony penalties. A person can face up to three years in federal prison for pretending to be an officer or employee in an effort to obtain money, documents, or anything of value. The same penalties apply when a person falsely represents to be a federal law enforcement officer or agent and arrests, detains, or searches a person or their property.

Harsher punishments apply if prosecutors can prove the defendant devised a scheme to defraud or swindle another and used the mail or the internet in their plans. These acts fall under mail fraud and wire fraud and carry penalties of up to 20 years in prison.

(18 U.S.C. §§ 912, 913, 1341, 1343 (2025).)

What Are State Penalties for Impersonating an Officer?

State penalties for impersonating a police officer or other government officers vary widely.

Impersonating Police Officers vs. Other Officers

Some states make it a felony to impersonate a police officer and a misdemeanor to impersonate other government officials (such as firefighters and military members). Connecticut and New Jersey fall under this category.

(Conn. Gen. Stat. §§ 53a-130, 53a-130a; N.J. Stat. § 2C:28-8 (2025).)

First Offense vs. Repeat Offenses

Other states impose misdemeanor penalties for a first violation and felony penalties for repeat offenses. Minnesota, Vermont, and Virginia impose these harsher penalties for second and subsequent convictions for impersonating officers.

(Minn. Stat. § 609.4751, Vt. Stat. tit. 13, § 3002; Va. Code §§ 18.2-174, 18.2-174.1 (2025).)

Aggravating Factors

Another common punishment approach is to impose harsher misdemeanor or felony penalties when the impersonator engages in certain behavior, such as:

• being armed
• detaining someone
• operating blue lights or sirens
• soliciting funds
• gaining access to a building not open to the public
• committing a felony (such as sexual assault, assault, or kidnapping), or
• causing physical injury.

For instance, Delaware makes it a class E felony to impersonate a police officer in order to commit any crime. But if the impersonator causes physical harm or commits a serious felony, the penalty bumps up to a class C felony. New York, North Carolina, Ohio also base their penalties on the seriousness of the acts involved.,

(Del. Code, tit. 11, § 907B; N.Y. Penal Law §§ 190.25, 190.26; N.C. Gen. Stat. § 14-277; Ohio Rev. Code § 2921.51 (2025).)

Defenses to Charges for Impersonating an Officer

Crimes prohibiting people from impersonating officers aim to deter fraudulent and dangerous behavior. To obtain a conviction, a prosecution must generally show some type of fraudulent intent, whether that's to scam someone into giving money, harm someone by letting police through their front door, or unlawfully enter a venue without permission. A defendant who was dressing up for a costume party or Halloween can argue they didn't have fraudulent intent.

In states where harsher penalties apply for more egregious behavior, the defense might try to poke holes in the prosecution's case by arguing the impersonator only intended to commit petty theft or wasn't armed. This type of defense wouldn't lead to an acquittal but could reduce the charges.

What to Do If You Suspect Someone Is Impersonating an Officer

If you think someone is impersonating an officer, here are some tips on staying safe.

Being pulled over. Certain indicators might put you on high alert that a vehicle pulling you over isn't legitimate, such as being unmarked, having temporary lights inside the car, or displaying lights that aren't blue or red. If you're concerned, put on your flashers and drive to a well-lit and highly populated area before pulling over. You can also call 911 to confirm whether a vehicle is a legitimate police officer. If you don't have a cell phone, drive to the nearest police station.

Knocking at your door. If an officer comes to your door and looks suspicious, call 911 to confirm the officer is legitimate. You can ask for the officer's name and badge number through the door to give to the 911 operator. Any officer who wants to search your house needs a warrant.

Scam phone calls. The FTC reports that scammers are calling people pretending to be police officers. They claim to have confiscated a package containing contraband with your name on it, and say they'll arrest you unless you pay a fine. Real law enforcement agencies don't do this. Hang up and report the call to your local police or ReportFraud.ftc.gov.

Scam charity scams. Many organizations have legitimate charity events, including police and fire departments. If someone dressed in uniform is asking for donations, tell them you'll check out their website and make a decision later. You can also contact the local department or use independent sources like CharityNavigator.org to verify the charity's legitimacy. Click here for more tips on How to Detect a Grifter.

Getting Legal Help

If you're being charged with impersonating an officer, contact a criminal defense attorney or ask for a public defender.

Victims may want to contact their local police department, attorney general's office, or a consumer protection agency. If you feel threatened or unsafe, contact 911.