Penal Code § 538d PC – Impersonating a Police Officer – California Law

Penal Code 538d PC makes it a misdemeanor offense to impersonate (pretend to be) a police officer. This often includes wearing a police uniform or displaying a fake badge. A conviction is punishable by up to one year in jail and a fine of up to $2000.

PC 538d states that “any person…who willfully wears, exhibits, or uses 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, is guilty of a misdemeanor” and “any person…who willfully wears, exhibits, or uses the badge 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, is guilty of a misdemeanor…”

Examples

• dressing up as a cop and pretending to patrol a neighborhood.
• trying to intimidate a fellow motorist with a fake police badge.
• wearing a real police uniform and threatening to arrest someone.

Defenses

You can challenge a charge under this statute with a legal defense. Common defenses include:

• you had no intent to defraud,
• the uniform was a film or theater prop, and/or
• there was no impersonation of a police officer.

Penalties

A violation of this statute is a misdemeanor. This is opposed to a felony charge or an infraction.

The offense is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $2,000.

A judge can award misdemeanor (or summary) probation in lieu of jail time.

Our California criminal defense attorneys will discuss the following in this article:

• 1. What does PC 538d do?
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Expungements
• 6. Gun Rights
• 7. Related Offenses
• Additional Reading

1. What does PC 538d do?

Penal Code 538d prohibits impersonating a police officer in California. Prosecutors must prove the following “elements of the crime” to convict you of violating PC 538d:

1. you willfully wore, exhibited or used the authorized uniform, insignia, emblem, device, label, certificate, card or writing of a peace officer, or
2. you willfully wore, exhibited or used the authorized badge of a peace officer.¹

Note, though, that you will be guilty under this statute only if you also:

1. acted with the intent to fraudulently impersonate a peace officer, or
2. acted with the intent to fraudulently induce the belief that you are a peace officer.²

The term “fraud” refers to a deliberate act that is designed to:

• secure an unfair gain, or
• cause another person to suffer a loss.³

Example: Marcos is concerned about an increase in vandalism in his neighborhood. He borrows a police uniform from his cousin and conducts “nightly patrols.” His intent is to make potential criminals believe there is extra police presence in the area.

Here, Marcos is guilty of impersonating an officer. He wore a police uniform and badge and did so with the intent to fraudulently make other people believe he was an officer.

Note that Penal Code 538d also requires:

• vendors of law enforcement uniforms to verify that,
• any person who purchases a uniform is a law enforcement employee.⁴

2. Defenses

You can try to beat a PC 538 charge with the following legal defenses.

You Had No Intent to Defraud

Recall that you are guilty under this statute only if you act with some type of fraudulent intent. It is a defense, therefore, to say there was no fraud. Perhaps, for example, you wore a police insignia:

• not to trick someone into believing you were a cop,
• but to pull a joke on a friend.

The Uniform Was a Film or Theater Prop

You are not guilty under this statute if:

1. you wear a uniform solely as a prop for a movie or play, and
2. you have permission from the police to do so.⁵

This is an exception to the general law specifically set forth in Penal Code 538d.

There Was No Impersonation of a Police Officer

These laws only apply to the impersonation of a police officer. You cannot be charged under this statute for impersonating some other professional (such as a firefighter). Note, though, that you might be charged in such an event under some other California statute.

3. Penalties

A violation of Penal Code 538d is a misdemeanor.

If you violate this law by using a uniform, insignia, emblem, device, label, certificate, card or writing of a peace officer, the potential penalties are:

• imprisonment in county jail for up to six months, and/or
• a maximum fine of $1,000.⁶

If you violate the statute by using a police badge, the offense is punishable by:

• custody in jail for up to one year, and/or
• a maximum fine of $2,000.⁷

Note that uniform vendors that violate this statute can be hit with a $1,000 fine.⁸

4. Immigration Consequences

A conviction for impersonating an officer generally does not impact your immigration status. It is not a deportable crime.

5. Expungements

You can get an expungement if convicted under this statute if you successfully complete:

• probation, or
• your jail term (whichever was imposed).

An expungement is favorable since it:

• removes many of the hardships,
• associated with a conviction.

6. Gun Rights

A conviction of these laws does not hurt your gun rights. You can still possess firearms as long as you are otherwise legally allowed to do so.

7. Related Offenses

There are three crimes related to impersonating an officer. These are:

1. false impersonation – PC 529,
2. resisting arrest – PC 148a1, and
3. identity theft – PC 530.5.

False Impersonation – PC 529

Penal Code 529 PC is the California statute that defines the crime of “false impersonation.” The crime is committed when someone:

• uses another person’s name
• to cause harm or gain an unjust advantage.

Note that no harm has to occur for a person to commit a crime under PC 538d. The offense is complete by the wearing of a uniform or badge.

Resisting Arrest – PC 148a1

Penal Code 148 PC is the California statute that makes it a crime for a person to:

1. willfully resist or obstruct a police officer, or EMT, and
2. do so in the performance of his official duties.

It is not a defense, though, if a person is:

• acting in self-defense,
• to unlawful police aggression.

Identity Theft – PC 530.5

Penal Code 530.5 PC is the California statute that defines the crime of identity theft.

A person commits this offense when he:

1. takes someone’s personal identifying information, and
2. uses it in any unlawful or fraudulent manner.

As with Penal Code 538d, a prosecutor must prove fraudulent intent under this statute.

Additional Reading

For more information, refer to these recent news articles about impersonating a police officer:

• Man Allegedly Impersonating an Officer Was Arrested In Canyon Lake – The Press-Enterprise (March 8, 2024).
• California residents targeted in scam impersonating police officers – FOX-40 (November 16, 2023).
• He had a badge, gun and motorcycle and made traffic stops. But cops say he was a fake – Los Angeles Times (Oct. 12, 2023).
• Chino Hills man arrested for impersonating a police officer – KTLA-5 (July 22, 2023).
• Ellflower Man Arrested On Suspicion of Impersonating Peace Officer Stealing $100,000 From Spanish Speaking Workers – The Mercury News (November 2, 2022).

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