IANAL, but I believe you're correct. Unless the badge, card, emblem, etc., were an out-and-out forgery or specifically implied the individual wearing it was a peace officer as defined in PC §1.07(36), I think it would ultimately boil down to interpretation of intent by a judge or jury. The actual law that covers impersonation of a peace officer is PC §37.12:atouk wrote:Do you have any case law to back up that?texas-sig wrote:Impersonating a peace officer.
The way I see it, if a security guard wearing a uniform (not issued by the government) and wearing a badge (not issued by the government) is not guilty of Impersonating a peace officer, then no reasonable person could think wearing a CHL badge (not issued by the government) is even halfway close to Impersonating a peace officer.
But in addition to the Penal Code, there are several other statutes that have some bearing on the use of badges, including:Penal Code §37.12 wrote:(a) A person commits an offense if:
(1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and
(2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item.
(b) It is a defense to prosecution under this section that:
(1) the card, document, badge , insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse;
(2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made; or
(3) the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation.
(c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code.
(d) A person commits an offense if the person intentionally or knowingly misrepresents an object as property belonging to a law enforcement agency.
(e) An offense under this section is a Class B misdemeanor.
- Local Government Code §341.904 (municipal law enforcement)
- Occupations Code §1702.323 and §1702.3867 (private security firms/agents)
- Penal Code §32.21 (forgery)
- Penal Code §32.47 (fraudulent destruction, removal, or concealment)
- Government Code §411.017 and §411.023 (pertaining to DPS officer identification)
- Administrative Code, Title 37, Part 1, §35.39 (security officer identification and badge restrictions)
Just thought I'd research this since the issue has come up before in discussions about CHL badges.
My own personal opinion is that they aren't illegal, per se. Still doesn't mean they're a good idea, though.
Oh, and for RPB, the Secretary of State specifically says that any private use of the Great Seal is regulated by law (http://www.sos.state.tx.us/statdoc/seal.shtml), but I failed to find the pertinent statutes in any of the Codes.
