Court Opinions

State Laws

US Code

US Constitution

California Penal Code Section 538g

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 538g

(a) Any person, other than a state, county, city, special
district, or city and county officer or employee, who willfully
wears, exhibits, or uses the authorized badge, photographic
identification card, or insignia of a state, county, city, special
district, or city and county officer or employee, with the intent of
fraudulently personating a state, county, city, special district, or
city and county officer or employee, or of fraudulently inducing the
belief that he or she is a state, county, city, special district, or
city and county officer or employee, is guilty of a misdemeanor.
   (b) Any person who willfully wears, exhibits, or uses, or
willfully makes, sells, loans, gives, or transfers to another, any
badge, photographic identification card, or insignia, which falsely
purports to be for the use of a state, county, city, special
district, or city and county officer or employee, or which so
resembles the authorized badge, photographic identification card, or
insignia of a state, county, city, special district, or city and
county officer or employee as would deceive an ordinary reasonable
person into believing that it is authorized for use by a state,
county, city, special district, or city and county officer or
employee, is guilty of a misdemeanor, except that any person who
makes or sells any badge under the circumstances described in this
subdivision is subject to a fine not to exceed fifteen thousand
dollars ($15,000).
   (c) This section shall not apply to either of the following:
   (1) Use of a badge solely as a prop for a motion picture,
television, or video production, or an entertainment or theatrical
event.
   (2) A badge supplied by a recognized employee organization as
defined in Section 3501 of the Government Code or a state or
international organization to which it is affiliated.

Last modified: January 12, 2009