PS 3-502: Impersonating Police Officer

The Maryland Public Safety Code is one of the main sources of gun crimes but there are a handful of other common offenses including impersonating a police officer under PS 3-502.  Under this statute a person may not falsely represent themselves as a police officer or other law enforcement officer.  The State must prove some sort of fraudulent design as well, which means there must be some sort of criminal intent.  In other words, it is not a crime to falsely say that you are a police officer.  Rather, the person must make this representation as a show of authority or to obtain something they ordinarily would not be able to obtain.  This includes preferential treatment or an agreement from an actual police officer or another private citizen.  Maryland Public Safety Code Section 3-502 also prohibits simulating the look of a police officer or other law enforcement agent for the purpose of deception, which means you do not have to make an actual verbal statement to be charged with a crime.  This would include dressing like a police officer or driving a vehicle designed to look like a police car for a deceptive purpose.
 
 It is not a crime to purchases or possess lawful blue and red lights for a vehicle, but if a person places them in their dashboard and attempts to intimidate another driver then it could be classified as impersonation.  Additionally, it could be a crime for a person at a public place such as a sporting venue to obtain preferential treatment such as free access by claiming to be police.
 
Impersonating a police officer is also prohibited under federal law and is charged when a suspect is accused of posing as a federal law enforcement officer or agent.  This crime is considered a felony under U.S.C 18:912.  The U.S. Code also prohibits possession of a fraudulently made government seal under 18 U.S.C 506.  This crime includes badges and other insignia of federal law enforcement such as the FBI, ATF or DEA.  The feds take these cases seriously and anyone charged can expect the government to seek a harsh punishment if the case is not handled properly.  
 
Simply dressing like a cop or saying you are police would typically not be enough to satisfy the statute, as this conduct may be protected by the First Amendment.  A skilled defense attorney should be able to argue for the dismissal of a case where the State does not prove fraudulent intent or deception.  It is not enough for the State to say a person posed as police, as there must be some additional criminal element present.
 
The potential penalty for a violation of PS 3-502 includes a maximum jail sentence of up to 2 years and a $2,000 fine.  Those convicted could face the prospect of losing the ability to purchase and possess a firearm based on the length of the maximum penalty.
 
The State takes these charges seriously because the cops are often angered by those who attempt to act as police.  They tend to take it personally, which is why you should have an experienced Maryland criminal defense attorney in your corner.  Benjamin has successfully handled dozens of charges for impersonating a police officer in state and federal court and is standing by to offer a free consultation about your case at 410-207-2598.  Call Benjamin anytime to discuss the defenses that may be available in your case.  Benjamin takes on cases in every Maryland jurisdiction including federal court.