United States Code · Section
§ 716 — Public Employee Insignia And Uniform
18 U.S.C. § 716
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(a) Whoever—
(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;
(2) insignia or uniform;
(3) knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph (2); or
(4) being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official official 1 insignia or uniform, knowingly transports that badge in interstate or foreign commerce,
(b) It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively—
(1) as a memento, or in a collection or exhibit;
(2) for decorative purposes;
(3) for a dramatic presentation, such as a theatrical, film, or television production; or
(4) for any other recreational purpose.
(c) As used in this section—
(1) the term “genuine police badge” means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers;
(2)
(3) the term “official insignia or uniform” means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee;
(4) the term “public employee” means any officer or employee of the Federal Government or of a State or local government; and
(5) the term “uniform” means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee.
(d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively—
(1) for a dramatic presentation, such as a theatrical, film, or television production; or
(2) for legitimate law enforcement purposes.
Implementing Regulations
No implementing regulations found.