What would constitute impersonating an officer?

[RogueLeader]

I know that the USC makes it illegal to impersonate a member of the military or its aux.  Just what would constitute impersonation? 

Stating to be a member when not?
Wearing the uniform when not a member?
Wearing a grade other than current?
Wearing decorations not earned?
Others?

Also what are the penalties of such?

[cnitas]

Wearing decorations not earned?

This obviously does not constitute "impersonating an officer".  It is still in very poor taste and can get you in trouble...particularly wearing or claiming to have earned US Military medals you have not. (Stolen Valor Act)

[JohnKachenmeister]

I know that the USC makes it illegal to impersonate a member of the military or its aux.  Just what would constitute impersonation? 

Stating to be a member when not?
Wearing the uniform when not a member?
Wearing a grade other than current?
Wearing decorations not earned?
Others?

Also what are the penalties of such?

Wearing the uniform of an officer without authority; assuming a role of command by claiming to be an officer when one is not;  telling another that one is an officer knowing that statement to be false.

If I recall correctly, $5,000 fine and/or 6 months in prison is the maximum penalty.

The key is it must be an OVERT act on the part of the offender, with an intention to deceive.  Wearing a jacket that says "Captain Smith" on it does not constitute impersonating an officer even if another person erroneously concludes that the wearer is a military or naval captain.

[Duke Dillio]

Here's a funny story for you.  There was a guy on Fort Sill who got caught walking around the PX with silver colonel's birds on his lapels.  The problem was that the guy was a private in basic training and he was wearing a BDU uniform.  This guys just kinda waltzed into clothing sales, bought two sets of birds, put them on his collars and hat, and then walked around until the MP's got him.  This was probably about 10 years ago and I can't remember exactly what happened to him.  I do recall that he wasn't in the Army for much longer after that...

[DC]

Here's a funny story for you.  There was a guy on Fort Sill who got caught walking around the PX with silver colonel's birds on his lapels.  The problem was that the guy was a private in basic training and he was wearing a BDU uniform.  This guys just kinda waltzed into clothing sales, bought two sets of birds, put them on his collars and hat, and then walked around until the MP's got him.  This was probably about 10 years ago and I can't remember exactly what happened to him.  I do recall that he wasn't in the Army for much longer after that...

If he was a Private in Basic, wouldn't the hair (or lack thereof) and the fact that he was likely too young to be a bird colonel be a tip off? That just seems stupid...

[afgeo4]

Here's a funny story for you.  There was a guy on Fort Sill who got caught walking around the PX with silver colonel's birds on his lapels.  The problem was that the guy was a private in basic training and he was wearing a BDU uniform.  This guys just kinda waltzed into clothing sales, bought two sets of birds, put them on his collars and hat, and then walked around until the MP's got him.  This was probably about 10 years ago and I can't remember exactly what happened to him.  I do recall that he wasn't in the Army for much longer after that...

If he was a Private in Basic, wouldn't the hair (or lack thereof) and the fact that he was likely too young to be a bird colonel be a tip off? That just seems stupid...

No one said he was a smart private. If he was, he'd be an airman. 

[DNall]

smart private.

Is there such a thing?

If he was, he'd be an airman. 

yeah that's a little funny.

[♠SARKID♠]

From Section 90 of the 1996 Police Act -

Impersonations, etc.

• (1) Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.


• (2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.


• (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.


• (4) In this section—
  
• 
  
  • (a) "article of police uniform" means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document, and
    
    
  • (b) "special constable" means a special constable appointed for a police area.
    

[JohnKachenmeister]

From Section 90 of the 1996 Police Act -

Impersonations, etc.

• (1) Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.


• (2) Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.


• (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.


• (4) In this section—
  
• 
  
  • (a) "article of police uniform" means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document, and
    
    
  • (b) "special constable" means a special constable appointed for a police area.
    

I think they are looking at the US Code making it a crime to impersonate MILITARY officers, although the "Intent to deceive" is likely a common element.[/list]

[cnitas]

• (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

My emphasis...

Interesting.  The accused needs to prove their innocence.

[RogueLeader]

I think they are looking at the US Code making it a crime to impersonate MILITARY officers, although the "Intent to deceive" is likely a common element.[/list]

Yes, I tried googling it, as well as searching here for it, but i could not find a site for the USC.

[Major Lord]

Virtually every State has a statute making it illegal to masquerade as a government employee of any kind. The problem you are having in searches, is that  the terms you are searching by are common usage terms, and not necessarily legal terms. Try searching under "False Personation" and you Will find a ton of info. There is a court case you should see that I believe addresses your specific question: http://supreme.justia.com/us/239/74/

I hope that the gist of your question is not whether CAP people are impersonating Officers! We had one member of our Squadron, who would go out trolling on base for young female Airmen ( Or "Persons of Air", to be politically correct) in his CAP 1st Lt costume. Naturally, we had to eat his liver with fava beans and a nice Chianti.....

Major Lord

Cadet Survival School-Because Life is not fair!

[mikeylikey]

These days it is real easy to see if a person is an Officer or not.  Find someone with AKO/ Air force Portal/ NKO login rights, then just look up the person and see if they are an Officer or not.  What is really cool, Is I may be in the Army, but I have access to Air Force Portal and the navy-Marine Corps similar systems.  I have run My fair share of checks.  Now, what would I do if I found someone to be lying, Not sure.  We had a guy here a few months ago claiming to be something he was not, a few of us got on the military computers and checked the guy out, and found out he was lying.  I took his public apology here to all of us as good enough for me, and did not pursue it further.  YMMV

[Hawk200]

These days it is real easy to see if a person is an Officer or not.  Find someone with AKO/ Air force Portal/ NKO login rights, then just look up the person and see if they are an Officer or not.  What is really cool, Is I may be in the Army, but I have access to Air Force Portal and the navy-Marine Corps similar systems.  I have run My fair share of checks.  Now, what would I do if I found someone to be lying, Not sure.  We had a guy here a few months ago claiming to be something he was not, a few of us got on the military computers and checked the guy out, and found out he was lying.  I took his public apology here to all of us as good enough for me, and did not pursue it further.  YMMV

Got AKO myself, be interested in knowing how you did it. Never done it, never thought about it. If it's not something you want to post here, could you send me a PM?

[JohnKachenmeister]

• (3) Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

My emphasis...

Interesting.  The accused needs to prove their innocence.

Not quite correct.  The accused must prove the existance of an affirmative defense. 

[JohnKachenmeister]

"False Personation of an Officer of the United States" (18 USC 44) is a felony, but requires specific intent to defraud another.

18 USC 33 sec. 702 makes it a misdemeanor (6 months in jail, max) to wear the uniform of the Armed Forces of the US, the Public Health Service of the US, or any auxiliary thereof.

[JohnKachenmeister]

18 USC Chap 33 sec. 704:  False wearing of medals or decorations.

705:  False use of a badge of a veterans' organization.

706:  Misuse of the Red Cross insignia.

[JohnKachenmeister]

It is also illegal to impersonate "Smokey the Bear" or "Woodsy Owl."

[cnitas]

Dang, I just got my woodsy owl costume off ebay.  I guess I need to send it back now.   

[cnitas]

And for what its worth:

Title 18, United States Code, Section 704

(b) False Claims About Receipt of Military Medals. - Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the member of such forces, or the ribbon button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof shall be fined under this title for imprisoned not more than six months, or both