§ 716 — Public Employee Insignia And Uniform

(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.