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by Keith B
Tue Mar 13, 2018 5:32 pm
Forum: General Texas CHL Discussion
Topic: Age old debate: LTC Badges
Replies: 75
Views: 28032

Re: Age old debate: LTC Badges

This is one of those areas where it takes a action or an item truly indicating they are a peace officer in some aspect to prosecute.

By action:
Texas Penal Code - PENAL § 37.11. Impersonating Public Servant

(a) A person commits an offense if he:

(1) impersonates a public servant with intent to induce another to submit to his pretended official authority or to rely on his pretended official acts;  or

(2) knowingly purports to exercise any function of a public servant or of a public office, including that of a judge and court, and the position or office through which he purports to exercise a function of a public servant or public office has no lawful existence under the constitution or laws of this state or of the United States.
By the item (badge or ID Card)
(a) Texas Penal Code - PENAL § 37.12. False Identification as Peace Officer;  Misrepresentation of Property

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.
So, just having a badge is not illegal, but telling them you are a peace officer or getting them to submit to a search by implying your are a cop, etc while wearing a badge or ID holder will probably get you arrested. Depending on the credibility of the witness, they may decide to prosecute you.

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