Impersonating a peace officer in Colorado is a criminal offense that targets conduct intended to deceive others into believing the defendant holds lawful police authority. The charge can arise from wearing official-looking uniforms or badges, using emergency lights, or asserting police powers without authorization. To secure a conviction, Colorado prosecutors must prove an intent to mislead, intimidate, or induce reliance on the false claim of authority. Notably, the charge can potentially carry jail time as it is a felony offense. Within this article, our Montrose criminal defense lawyer provides a guide to impersonating a peace officer in Colorado.
State Law for Impersonating a Police Officer in Colorado
Under Colorado state law (C.R.S. 18-8-112), the impersonation of a police officer is a crime. The statute applies when a person falsely pretends to be a peace (police) officer and performs an act in that assumed capacity or induces another to submit to that pretended authority. The law targets deception tied to asserted governmental power. It is not about mere costume/speech. Here is a key thing to know about the law:
- Dressing up in a very convincing police officer costume on Halloween (not a crime);
- Making an overt act to convince another person that you actually are a police officer in order to get them to submit to your authority (a crime).
The statute requires more than resemblance/appearance. Prosecutors must establish that the defendant represented themselves as a police officer and engaged in conduct that relied on that false status. Courts focus on whether the defendant claimed/exercised authority. Some examples include conducting stops, issuing commands, demanding compliance, or invoking arrest power.
Key Point: A person who actually (falsely) seeks to convince another person that they are a police officer (local, state, or federal) in order to use some form of authority against them is violating the law in Colorado. The specific circumstances always matter in these cases.
Prosecution Must Prove Beyond a Reasonable Doubt
To secure a conviction, prosecutors must prove each statutory element beyond a reasonable doubt. Here are the three key elements of an impersonation of a police officer charge in Colorado:
- A False Claim as a Police Officer: To start, the defendant must have falsely pretended to be a peace officer. Along with other things, this may involve verbal claims, display of badges or insignia, use of emergency-style equipment, or conduct consistent with police authority. Prosecutors will need to prove that some form of express or implied claim was made.
- Intent to Falsely Exercise Authority: Next, the prosecution must prove intent. The statute requires intent to mislead another person into believing the defendant possessed lawful authority. Accidental resemblance or ambiguous conduct does not satisfy this requirement. Intent is a required element of an offense of impersonating a police officer in Colorado.
- Acted as a Police Officer or Induced Reliance: Finally, the prosecution must have acted in the assumed capacity or induced reliance. It is this element that often drives a criminal case. Prosecutors must show that the defendant performed an act that only a peace officer would perform or caused another person to submit to the asserted authority.
Common Examples of Conduct that Can Lead to Impersonation Charges
Traffic Issues
Impersonation charges most often arise during traffic-related encounters. Defendants may activate emergency-style lights, display badges, or conduct unauthorized stops.
Uniform/Insignia
Another common example involving a defendant involves uniforms or insignia. Wearing clothing that resembles police attire does not automatically constitute impersonation. The charge arises when the defendant pairs the appearance with assertions of authority or commands.
Personal Conflicts
Impersonation charges also arise in interpersonal disputes. Defendants may falsely claim law enforcement status to intimidate, control, or extract compliance. Statements invoking arrest power, criminal consequences, or official investigation often satisfy the inducement requirement.
Online Impersonation
Online impersonation is another example. Claims of police authority used to obtain information or compliance may support charges if the defendant induced reliance. Courts in Colorado assess whether the victim reasonably believed the defendant held authority and acted based on that belief.
Penalties for Impersonating an Officer in Colorado
The impersonation of a police officer is a very serious criminal offense in Colorado. Our state classifies impersonating a peace officer under CRS § 18-8-112 as a class 5 felony. A conviction exposes a defendant to a presumptive Department of Corrections sentence of 1 to 3 years, plus a mandatory 2-year period of parole. The court may also impose a fine from $1,000 to $100,000, either alone or in addition to imprisonment.
Sentencing can move above the presumptive range if the prosecution proves statutory aggravators, such as prior felony convictions or other sentence enhancers that apply to the charged offenses. In Colorado, courts also impose standard felony collateral consequences, including firearms disability under federal and state law, felony conviction status for future sentencing, and significant employment and licensing barriers.
How The Martin Law Firm Can Help
Impersonation of a police officer is a very serious criminal charge in Colorado. At The Martin Law Firm, we are prepared to defend your rights and your future if you are facing this type of offense. Our team handles both misdemeanor and felony criminal charges in Montrose County and throughout the surrounding area in Colorado. The right approach is a proactive approach. Our legal team is made up of strong, experienced, results-focused professionals. You can hear what our clients have to say and contact us directly to arrange a fully confidential, no obligation initial consultation.
Contact Our Defense Lawyer Today
At The Martin Law Firm, our Colorado criminal defense attorney has the experience to defend misdemeanor and felony charges. If you or your loved one was arrested for impersonating a police officer, we are here to help. Contact us right away to set up your fully private, no obligation case review. It is our mission to protect the rights and interests of clients. With a legal office in Montrose, we defend criminal charges throughout the entire region in Colorado.