Yes. Penal Code section 538d makes it a misdemeanor to willfully wear, exhibit, or use a law enforcement uniform, insignia, or badge with the intent to fraudulently impersonate an officer, or to willfully and credibly impersonate an officer by any means to defraud someone. Since September 20, 2025, “law enforcement officer” in these provisions covers federal law enforcement officers as well as California peace officers. The penalty depends on which subdivision fits the conduct.

Uniforms and credible impersonation: section 538d(a)

Penal Code section 538d(a) covers two kinds of conduct by anyone who does not have a law enforcement officer’s legal authority. The first is willfully wearing, exhibiting, or using an officer’s authorized uniform, insignia, emblem, device, label, certificate, card, or writing “with the intent of fraudulently impersonating a law enforcement officer, or of fraudulently inducing the belief that they are a law enforcement officer.” The second is willfully and credibly impersonating an officer “through or on an internet website, by other electronic means, or by any other means,” for purposes of defrauding another. Subdivision (a) calls either one a misdemeanor without setting a punishment, so the general misdemeanor rule in Penal Code section 19 governs: at most six months in the county jail and at most a $1,000 fine, either or both.

Badges: section 538d(b)

Badges carry a higher stated penalty. Subdivision (b) covers a person without an officer’s authority who willfully wears, exhibits, or uses a law enforcement officer’s badge with the intent of fraudulently impersonating an officer or inducing that belief. It also covers anyone who willfully wears or uses a badge that falsely purports to be authorized, or that looks enough like an authorized badge to deceive an ordinary reasonable person, for that same fraudulent purpose. Either version carries a maximum of one year in the county jail and a maximum fine of $2,000, either or both.

Fake or look-alike items: section 538d(c)

Subdivision (c) reaches anyone who willfully wears, exhibits, or uses, or willfully makes, sells, loans, gives, or transfers, a badge, insignia, emblem, device, label, certificate, card, or writing that falsely purports to be authorized for a law enforcement officer’s use, or that would deceive an ordinary reasonable person into believing it is. Unlike subdivisions (a) and (b), its text contains no intent-to-impersonate element. It is punishable by up to six months in county jail, a fine of up to $2,000, or both, except that a person who makes or sells a badge under these circumstances is subject to a fine of up to $15,000. It does not reach the honorably retired identification that an agency may issue under subdivision (d), and a local agency that files a subdivision (c) charge must seize the item.

The 2025 change: federal officers are covered

Senate Bill 805 (Stats. 2025, ch. 126) replaced “peace officer” with “law enforcement officer” in subdivisions (a) through (c), added “or by any other means” to the impersonation clause in subdivision (a), and added subdivision (f). Solely for subdivisions (a), (b), and (c), subdivision (f) defines a law enforcement officer as a peace officer under Penal Code section 830 and any federal law enforcement officer. The bill was an urgency statute that took effect immediately: the Governor approved it and it was filed with the Secretary of State on September 20, 2025.

Penal Code section 538e follows the same pattern for officers and members of a fire department and the Office of the State Fire Marshal, with the same one-year, $2,000 maximum for badge impersonation, and SB 805 added the same “or by any other means” wording to it. Penal Code section 146a applies only when someone falsely claims to be a deputy, clerk, public officer, investigator, or inspector in a state department and, in that assumed role, arrests, detains, or threatens to arrest or detain a person, otherwise intimidates someone, searches a person or property, or obtains money, property, or something else of value; the officer, investigator, or inspector version allows as much as a year in the county jail, a fine as high as $2,500, or both, or a term under Penal Code section 1170(h), which makes it a felony under Penal Code section 17(a) that section 17(b) allows to become a misdemeanor.

Getting help

Which subdivision applies depends on exactly what was worn, shown, made, sold, or said, to whom, and for what purpose. The Los Angeles criminal defense team at the Law Offices of David S. Chesley can look at the report, the item, or the online messages involved. Call (800) 755-5174 for help with your case.