New Jersey Law Makes Impersonating a Public Servant or Cop a Crime

New Jersey has a law, Section 2C:28-8 of the criminal code, that makes it illegal to pretend to be a public servant or law enforcement officer. This law is intended to prevent people from falsely claiming to have authority they don’t actually have in order to get others to do things or divulge information.

The Basics of the Law

Under this law, it’s a disorderly persons offense – kind of like a misdemeanor – for someone to pretend to be a public servant in order to get someone else to submit to their fake authority or otherwise rely on their phony position.

But the penalties get more serious if the impersonation involves claiming to be a law enforcement officer or agent. That bumps it up to a fourth degree crime, which is punishable by up to 18 months in jail and fines up to $10,000.

The law also has extra penalties if the impersonation happens during a public health emergency or state of emergency. For example, during COVID someone claiming to be a contact tracer in order to get personal information could face fourth degree charges.

Real World Examples

There have been some high profile cases in New Jersey involving charges under this impersonation law.

For instance, a man was charged after a traffic stop when he allegedly claimed to be working undercover for the Attorney General’s office on drug investigations. But when police looked into it, they found no evidence he actually had any role with law enforcement.

In another case, a defendant facing sexual assault charges allegedly called the victim while pretending to be a detective in order to try to stop her from testifying. He ended up convicted not only of the sex crimes, but also witness tampering and impersonating an officer.

So while just dressing up like a cop for Halloween might not get you charged, actively claiming you have police powers when you don’t – especially to try to get someone to do something – can definitely land you in legal jeopardy.

Defending Against Impersonation Charges

If you do get accused of violating this law, there are defenses an experienced New Jersey criminal defense lawyer may be able to raise on your behalf:

• You didn’t actually make any false claims about being a public servant or law enforcement. For example, perhaps the “victim” misunderstood a joke or sarcastic comment you made.
• You made false statements, but didn’t have any intent to induce reliance on your pretend authority. The law requires proof you meant for your lies to cause someone to submit to you or rely on your phony position.
• The false statements you made aren’t covered by the statute. For instance, perhaps you lied about being a doctor or firefighter rather than a law enforcement officer or other public servant.
• You have a mental illness or disability that impacted your ability to appreciate the wrongfulness of your conduct.
• You were entrapped by police into committing the crime.
• There are issues with the reliability of the evidence against you, such as conflicting witness accounts about what happened.

Penalties If Convicted

As mentioned above, the potential criminal penalties depends on what exactly you are charged with:

• Disorderly persons offense – Up to 6 months in jail and fines up to $1,000
• 4th degree crime – Up to 18 months in jail and fines up to $10,000

Other possible penalties include probation, community service, loss of certain civil rights, and other court costs and assessments. Any criminal record also impacts future job, housing, and other opportunities.

Getting Legal Help

If you are under investigation or charged with impersonating an officer or public servant in New Jersey, don’t go it alone. Get experienced legal counsel on your side. A knowledgeable lawyer can thoroughly review the evidence against you, advise you on possible defenses, and represent your best interests every step of the way.

This area of law can be complex. For example, there may be free speech implications if your statements were made in an artistic or satirical context. Or technicalities around exactly what types of false claims are actually covered under the statute.

Having an attorney who understands the nuances of this New Jersey law is crucial. They can potentially get charges reduced or even dismissed where possible, or build the strongest case for acquittal if the matter does go to trial.

So don’t take chances with your future. Get in touch with a skilled New Jersey criminal defense lawyer right away if you are dealing with impersonation charges. With the right legal help, you can move forward and put this behind you.