Criminal penalty for impersonating a peace officer increased, crime of impersonating while possessing a firearm established, enhanced penalties for committing an offense while impersonating established, and individuals presenting as peace officers required to identify themselves.

A bill for an act

relating to public safety; increasing criminal penalty for impersonating a peace

officer; establishing the crime of impersonating a peace officer while possessing

a firearm; establishing enhanced penalties for committing an offense while

impersonating a peace officer; requiring individuals presenting as peace officers

to identify themselves as peace officers; establishing criminal penalties; amending

Minnesota Statutes 2024, section 609.4751.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 609.4751, is amended to read:

609.4751 IMPERSONATING A PEACE OFFICER.

Subdivision 1.

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Misdemeanor
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Intent to mislead
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.

Whoever falsely impersonates a peace

officer with intent to mislead another into believing that the impersonator is actually an

officer is guilty of a
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misdemeanor
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felony and may be sentenced to imprisonment for not

more than two years or to payment of a fine of not more than $4,000, or both
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.

Subd. 2.

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Gross misdemeanor
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Buildings; vehicles
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.

Whoever violates subdivision 1

while committing any of the following acts is guilty of a
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gross misdemeanor
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felony and

may be sentenced to imprisonment for not more than five years or to payment of a fine of

not more than $10,000, or both
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:

(1) gaining access to a public building or government facility that is not open to the

public;

(2) without legal authority, directing or ordering another person to act or refrain from

acting;

(3) violating section
169.64, subdivision 2
, 3, or 4, or the siren provisions of section

169.68
; or

(4) operating a motor vehicle
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marked
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:

(i)
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marked
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with the word or words "police," "patrolman," "sheriff," "deputy," "trooper,"

"state patrol," "conservation officer," "agent," or "marshal";
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or
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(ii)
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marked
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with any lettering, marking, or insignia, or colorable imitation thereof,

including, but not limited to, stars, badges, or shields identifying the vehicle as a law

enforcement vehicle, and which a reasonable person would believe is a law enforcement

vehicle governed under section
169.98, subdivision 1
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.
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; or
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(iii) displaying equipment commonly attached to law enforcement vehicles, or a facsimile

of such equipment, in a manner that would lead a reasonable person to believe that the motor

vehicle is a law enforcement vehicle governed under section 169.98, subdivision 1.

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Subd. 3.

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Felony
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Previous violation; possession of a firearm
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.

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(a)
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Whoever violates this

section within five years of a previous violation of this section is guilty of a felony and may

be sentenced to imprisonment for not more than
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two
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ten
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years or to payment of a fine of

not more than
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$4,000
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$20,000
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, or both.

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(b) Whoever violates this section while in possession of a firearm is guilty of a felony

and may be sentenced to imprisonment for not more than ten years or to payment of a fine

of not more than $20,000, or both.

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Subd. 4.

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Crime committed while impersonating an officer; enhanced penalties.

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(a)

A person who commits a crime other than a violation of this section while falsely

impersonating a peace officer with intent to mislead another into believing that the

impersonator is actually an officer may be sentenced as follows:

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(1) if the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor;

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(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony and

may be sentenced to imprisonment for not more than three years or to payment of a fine of

not more than $15,000, or both; and

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(3) if the crime committed is a felony, the statutory maximum for the crime is five years

longer than the statutory maximum for the underlying crime.

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(b) An enhanced penalty imposed under this subdivision does not preclude prosecution

under any other provision of this section.

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Subd. 5.

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Duty to identify.

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(a) A law enforcement officer must identify the law

enforcement agency or other entity employing the individual, the individual's last name,

and the individual's identification number if the individual is:

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(1) licensed by the Board of Peace Officer Standards and Training;

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(2) an officer employed by a federally recognized Tribe, as defined in United States

Code, title 25, section 450b(e);

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(3) a peace officer of a state adjoining Minnesota exercising authority pursuant to section

626.77; or

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(4) an officer from another jurisdiction providing mutual assistance under the terms of

an emergency management assistance compact entered into pursuant to section 192.89 or

a mutual aid arrangement or cooperative agreement entered into pursuant to section 12.21.

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(b) A law enforcement officer satisfies the requirements in paragraph (a) if:

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(1) the officer wears a uniform that clearly identifies the law enforcement agency or

other entity employing the officer and displays any combination of a badge, nameplate,

identification patch, or other label that clearly identifies the officer's last name and

identification number;

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(2) the officer wears body armor or a protective suit for the purposes of crowd control

or participation as a member of a special weapons and tactics team, and displays any

combination of a badge, nameplate, identification patch, or other label that clearly identifies

the law enforcement agency or other entity employing the officer and the officer's

identification number; or

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(3) upon request, the officer states the required information or provides a card that

includes the required information.

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(c) Nothing in this subdivision requires an undercover peace officer to reveal the

undercover peace officer's identity unless the undercover peace officer is detaining a person,

arresting a person, or executing a warrant.

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(d) Failure by a peace officer to comply with the requirements of this subdivision does

not make an arrest unlawful and must not be the basis to suppress any evidence identified

or seized following an arrest.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to crimes

committed on or after that date.

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