In most cases, merely owning a counterfeit law enforcement badge – or other counterfeit law enforcement identification, such as certificates and insignias – is not a crime.
But be careful. Using a fake police badge in certain ways could lead to charges of impersonating a police officer under California Penal Code 538d.
This misdemeanor crime can be charged against people who do any of the following, with the intent to fraudulently impersonate a police officer or help another person do so:
- Wear, use or exhibit a counterfeit police badge (or another form of law enforcement identification);
- Make or manufacture a counterfeit police badge; or
- Sell, transfer, loan or give a counterfeit police badge to someone else.
A conviction for impersonating a peace officer is a misdemeanor. The maximum sentence is one year in county jail and a fine of up to $2000.00.
