2006 Ohio Revised Code - 2913.44. Personating an officer.

§ 2913.44. Personating an officer.
 

(A)  No person, with purpose to defraud or knowing that he is facilitating a fraud, or with purpose to induce another to purchase property or services, shall personate a law enforcement officer, or an inspector, investigator, or agent of any governmental agency. 

(B)  Whoever violates this section is guilty of personating an officer, a misdemeanor of the first degree. 
 

HISTORY: 134 v H 511. Eff 1-1-74.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section widens the scope of the former offense of impersonating an officer, to include not only law enforcement officers but also inspectors, investigators, and agents of any public agency, and also to include personation when used as a sales gimmick. In order for personation to be an offense under this section, the offender must use the device as a gambit in a fraudulent scheme or as an approach to a potential customer. 

An example of the first situation is the bunco artist who poses as a "lightning rod inspector," convinces a farmer his lightning rod has "lost its charge," and induces him to have the rod recharged for a fee, using a Rube Goldberg contraption. In this case, an offense under this section is complete at the time the offender represents himself as a lightning rod inspector while harboring the ultimate purpose of fleecing his victim. The offender may also be guilty of attempted theft at this point pursuant to new sections 2913.02 and 2923.02 of the Revised Code. If he actually receives payment for recharging the lightning rod, he is guilty of theft under new section 2913.02, since he has used deception to induce the victim to part with his money. 

An example of the second situation is the salesman who poses as a "heating inspector," and by using a spiel about carbon monoxide frightens a householder into purchasing a new furnace. The offense under this section is complete at the time the offender represents himself as an inspector, in order to sell a new furnace to the victim. In this case, however, the offender may not be guilty of attempted theft or theft, insofar as he gives value for the victim's money. 

Personating an officer is a misdemeanor of the first degree.