2006 Ohio Revised Code - 2921.51. Impersonating peace officer, private police officer, or state official.

§ 2921.51. Impersonating peace officer, private police officer, or state official.
 

(A)  As used in this section: 

(1) "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this state, a member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, a member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, a state university law enforcement officer appointed under section 3345.04 of the Revised Code, a veterans' home police officer appointed under section 5907.02 of the Revised Code, a special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, or a state highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the state or any of its political subdivisions. 

(2) "Private police officer" means any security guard, special police officer, private detective, or other person who is privately employed in a police capacity. 

(3) "Impersonate" means to act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons. 

(B)  No person shall impersonate a peace officer or a private police officer. 

(C)  No person, by impersonating a peace officer or a private police officer, shall arrest or detain any person, search any person, or search the property of any person. 

(D)  No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private police officer, or an officer, agent, or employee of the state. 

(E)  No person shall commit a felony while impersonating a peace officer, a private police officer, or an officer, agent, or employee of the state. 

(F)  It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer was for a lawful purpose. 

(G)  Whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (C) or (D) of this section is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (D) of this section is to commit or facilitate the commission of a felony, a violation of division (D) is a felony of the fourth degree. Whoever violates division (E) of this section is guilty of a felony of the third degree. 
 

HISTORY: 142 v H 708 (Eff 4-19-88); 144 v S 144 (Eff 8-8-91); 146 v S 2 (Eff 7-1-96); 148 v S 137 (Eff 5-17-2000); 149 v H 675. Eff 3-14-2003.
 

Analogous to former RC § 2921.51 (136 v H 1144; 137 v H 588; 140 v H 129; 142 v H 231; 142 v H 261), repealed 142 v H 708, § 2, eff 4-19-88.