Changes to Penal Code Sections 538d Through 538h, Impersonating a Peace Officer, Firefighter, Public Utility Worker or Government Employee

Peace officers, firefighters, public utility workers, and government employees are in positions of trust in which people count and rely upon. As such, when people interact with these individuals, they often let down their guard. Some people may try to take advantage of this vulnerability, which is why impersonating a peace officer, firefighter, public utility worker, or government employee for the purpose of defrauding another person, California Penal Code section 538d through Penal Code section 538h, is a misdemeanor and carries serious consequences including the potential to serve a maximum of 180 days jail, extensive court fines and fees, and other conditions that the Court may see appropriate, such as community service or community labor.

The prohibition against impersonating a peace officer was first enacted into California law in 1872, which is certainly long before the advent of computers, cellphones, and the internet. To keep up with the times, and in response to the rise of fraudulent activity conducted over the internet and by other electronic means, the California Legislature passed Assembly Bill (“AB”) 1899. Specifically, AB 1899 expanded California Penal Code sections 538d through 538h, the laws prohibiting credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, to include impersonation through an internet website, or by other electronic means.

To prove that a defendant is guilty of impersonating a peace officer, firefighter, employee of a public utility, state or local government, or search and rescue team, the prosecution must prove beyond a reasonable doubt that:

1. The defendant acted with the intent to fraudulently impersonate [a peace officer, firefighter, employee of a public utility, state or local government, or search and rescue team] or to fraudulently induce the belief that he/she is a [a peace officer, firefighter, employee of a public utility, state or local government, or search and rescue team] and did one of the following acts:
2. Willfully wore, exhibited or used the authorized insignia, emblem, device, label, certificate, card or writing of a [a peace officer, firefighter, employee of a public utility, state or local government, or search and rescue team];
3. Willfully wore, exhibited or used the authorized badge of a [a peace officer, firefighter, employee of a public utility, state or local government, or search and rescue team]
4. Willfully and credibly impersonates such an officer or member on an internet website, or by other electronic means.

If you or a family member has been charged with or is being investigated for impersonating a peace officer, firefighter, or government employee for the purpose of defrauding another person, Penal Code section 538d through Penal Code section 538h, in person or through the internet or other electronic means in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been accused of these types of offenses.

For more information about the changes to impersonating a peace officer, firefighter, or government employee for the purpose of defrauding another person, Penal Code section 538d through Penal Code section 538h, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.