Impersonating a public servant is a third-degree felony in Texas, and the statute is broader than the phrase "impersonating a police officer" suggests.
What the Statute Says
(a) A person commits an offense if the person:
(1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or
(2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court.
(b) An offense under this section is a felony of the third degree.
The Two Theories
Theory (1) — impersonation with intent. Requires both the impersonation and a specific intent: to induce another person to submit to pretended authority or to rely on pretended official acts. This is the theory used in traffic-stop cases, fake-officer cases, and situations where someone flashes a badge to gain compliance.
Theory (2) — purporting to exercise a function. Requires a knowing exercise, without legal authority, of some function of a public servant or public office. The statute expressly includes purporting to act as a judge or court — which reaches sovereign-citizen "common law court" filings and fraudulent judicial process.
Who Is a "Public Servant"
Section 1.07 defines the term broadly: officers, employees, and agents of government; jurors and grand jurors; arbitrators, referees, and others authorized to hear or determine a matter; attorneys and notaries public when performing a governmental function; and candidates for nomination or election to public office. The statute is not limited to law enforcement.
Defenses
No intent to induce submission or reliance. This is the central defense in most cases. Costume wear, film and theatrical production, memorabilia collecting, airsoft and paintball gear, and security uniforms are routinely mistaken for impersonation. So are vehicles lawfully equipped with lights by volunteer firefighters, constables' reserves, or licensed security personnel.
Actual authority. Reserve officers, licensed security officers, code enforcement personnel, and commissioned officers of other jurisdictions frequently do have some authority. The scope of that authority is a legal question worth litigating.
No representation was made. Silence while someone else assumes you are an officer is not, by itself, impersonation.
Identity and intent evidence. These cases often rest on a brief encounter and a shaken complainant's description. Video, vehicle records, and the accused's actual conduct usually tell a different story than the initial report.
Related
- Falsely holding oneself out as a lawyer (38.122)
- Failure to identify (38.02) · Tampering with a governmental record (37.10)
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.