Tennessee § 39-16-301 - Criminal impersonation.

§ 39-16-301. Criminal impersonation.

A person commits criminal impersonation who, with intent to injure or defraud another person: Assumes a false identity; Pretends to be a representative of some person or organization; Pretends to be an officer or employee of the government; or Pretends to have a disability. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of: Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and Causing another to believe that the person is a law enforcement officer. A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by: Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded; Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or Presenting false identification, documentation, or certification to include, without limitation: United States department of defense identification cards; Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms; United States department of veteran affairs identification cards; or Certifications or qualifications indicating uniformed service training or education. This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank. Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the offense is a Class A misdemeanor. Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the maximum fine for the offense shall be five thousand dollars ($5,000). All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act. For purposes of this section, “uniformed service” means: Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; The commissioned corps of the United States public health service; The commissioned corps of the national oceanic and atmospheric administration of the United States; or The national guard of a state. Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1; 2011, ch. 47, § 31; 2014, ch. 710, §§ 8, 9; 2018, ch. 914, § 2. Sentencing Commission Comments. This section broadly proscribes any sort of impersonation, provided there is the requisite intent to injure or defraud another. Compiler's Notes. Acts 2011, ch. 47, § 107 provided that nothing in the legislation shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities of individuals covered by the provision on the day before the date of enactment of this legislation, which was July 1, 2011. Acts 2011, ch. 47, § 108 provided that the provisions of the act are declared to be remedial in nature and all provisions of the act shall be liberally construed to effectuate its purposes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2018, ch. 914, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Tennessee Stolen Valor Act.” Amendments. The 2018 amendment, added present (c)(1) and (c)(2) and redesignated former (c)(1) and (c)(2) as present (d)(1) and (d)(2); substituted “subsection (b) or (c)” for “under subsection (b)” in present (d)(2); and added (d)(3) and (e). Effective Dates. Acts 2018, ch. 914, § 4. July 1, 2018. Cross-References. Penalties for Class A and Class B misdemeanors, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 43; 13 Tenn. Juris., Fraud and Deceit, § 48. Law Reviews. Tennessee Forgery Law, 13 Mem. St. U.L. Rev. 343 (1983). Attorney General Opinions. T.C.A. § 39-16-301 is not violated if an individual submits a certificate to the commissioner of commerce and insurance that is issued by the National Rifle Association and is marked “not valid for law enforcement or security officer training,” and the individual is then licensed as a certified trainer of security guards, OAG 01-163 (11/5/01).