(1) A person is guilty of false identification as a peace officer if:
(a) Under circumstances not amounting to criminal impersonation in the first degree, the person claims to be a peace officer or creates an impression that the person is a peace officer, and does an act with intent to convey the impression that he or she is acting in an official capacity, such as using a vehicle, wearing an article of clothing, or possessing or displaying an item bearing an insignia of a law enforcement agency; and
(b) A reasonable person would believe the person is a peace officer.
(2) False identification as a peace officer is a gross misdemeanor.
(3) It is a defense to prosecution under this section that the person identified as a peace officer by an item bearing an insignia of a law enforcement agency was commissioned by the agency in that capacity when the item was issued to them by the agency, and the person is still authorized by the agency's policies to display or use the item for the purpose for which it is being displayed or used.
(4)(a) Nothing in this section shall be construed to prohibit the possession of an item bearing an insignia of a law enforcement agency by any of the following persons, to the extent authorized by the agency's policies:
(i) Any person who inherits or receives an item bearing the agency's insignia that originally belonged to a deceased person who was commissioned by the agency as a peace officer, where the person inherits or receives the item as part of a ceremony or to otherwise commemorate or honor the deceased person's service as a peace officer; or
(ii) Any person who was commissioned by the agency as a peace officer and has kept an item bearing the agency's insignia after retirement from the agency.
(b) For the purposes of (a)(ii) of this subsection, a retired peace officer is presumed to be authorized by a law enforcement agency to keep an item bearing the agency's insignia if the agency's policies do not specifically prohibit the retired peace officer from keeping the item and the agency does not request that the item be returned.
(5) Nothing in this section shall be construed to prohibit the depiction of law enforcement for matters of cultural, historical, political, religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody protected by the Washington state Constitution or the United States Constitution.
(6) For purposes of this section, "peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," "reserve officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW
10.93.020, and any federal peace officer.
(7) For purposes of this section, an "item bearing an insignia of a law enforcement agency" includes an item that contains the word "police," "sheriff," "constable," "marshal," or "trooper," or the title of an agency of the federal government employing federal peace officers.
(8) For purposes of this section, "federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of the laws of the United States.
