§710-1016.9

Defense

Public corruption · Chapter 710 — Offenses Against Public Administration · Part II. Obstruction of Public Administration

(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer.

(2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist. [L 1987, c 130, pt of §3]

Pattern jury instructions (HAWJIC)

Elements the State must prove for this offense.

HAWJIC 12.01AINFERENCE, AFFIRMATIVE DEFENSE AND LACK OF DEFENSE

Source / Amendment history

[L 1987, c 130, pt of §3]

Cross references, commentary & case notes

COMMENTARY ON §§710-1016.6 TO 710-1016.9 Act 130, Session Laws 1987, was enacted by the legislature because it was concerned about the increase in the incidence of police impersonators. The legislature believed it was important to be able to prosecute people who intend to deceive others by impersonating law enforcement officers. Senate Conference Committee Report No. 85, House Conference Committee Report No. 60.

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