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LINKS TO PUBLIC SAFETY INSIGNIA LAWS
Proposed State Regulations:
http://www.legislature.state.oh.us
Repealed State Regulations:
http://www.legis.state.ga.us
Existing State Regulations:
http://www.capitol.state.tx.us
http://assembly.state.ny.us
http://janus.state.me.us/legis/statutes
Existing Federal Regulations:
TITLE 18, PART 1, CHAPTER 33, Sec. 701. - Official badges, identification
cards, other insignia
Whoever manufactures, sells, or possesses any badge, identification card, or other
insignia, of the design prescribed by the head of any department or agency of the United
States for use by any officer or employee thereof, or any colorable imitation thereof, or
photographs, prints, or in any other manner makes or executes any engraving, photograph,
print, or impression in the likeness of any such badge, identification card, or other
insignia, or any colorable imitation thereof, except as authorized under regulations made
pursuant to law, shall be fined under this title or imprisoned not more than six months,
or both
TITLE 18, PART 1, CHAPTER 33, Sec. 716. - Police badges
(a) Whoever -
(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a
counterfeit police badge;
(2) knowingly transfers, in interstate or foreign commerce, a genuine police badge to an
individual, knowing that such individual is not authorized to possess it under the law of
the place in which the badge is the official badge of the police;
(3) knowingly receives a genuine police badge in a transfer prohibited by paragraph (2);
or
(4) being a person not authorized to possess a genuine police badge under the law of the
place in which the badge is the official badge of the police, knowingly transports that
badge in interstate or foreign commerce, shall be fined under this title or imprisoned not
more than 6 months, or both.
(b) It is a defense to a prosecution under this section that the badge is used or is
intended to be used exclusively -
(1) as a memento, or in a collection or exhibit;
(2) for decorative purposes;
(3) for a dramatic presentation, such as a theatrical, film, or television production; or
(4) for any other recreational purpose.
(c) As used in this section -
(1) the term ''genuine police badge'' means an official badge issued by public authority
to identify an individual as a law enforcement officer having police powers; and
(2) the term ''counterfeit police badge'' means an item that so resembles a police badge
that it would deceive an ordinary individual into believing it was a genuine police badge
TITLE 18, PART I, CHAPTER 33, Sec. 713. - Use of likenesses of the great seal of the
United States, the seals of the President and Vice President, the seal of the United
States Senate, the seal of the United States House of Representatives, and the seal of the
United States Congress
(a) Whoever knowingly displays any printed or other likeness of the great seal of the
United States, or of the seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal of the United States House of
Representatives, or the seal of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular, book, pamphlet, or other
publication, public meeting, play, motion picture, telecast, or other production, or on
any building, monument, or stationery, for the purpose of conveying, or in a manner
reasonably calculated to convey, a false impression of sponsorship or approval by the
Government of the United States or by any department, agency, or instrumentality thereof,
shall be fined under this title or imprisoned not more than six months, or both.
(b) Whoever, except as authorized under regulations promulgated by the President and
published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases
for resale, either separately or appended to any article manufactured or sold, any
likeness of the seals of the President or Vice President, or any substantial part thereof,
except for manufacture or sale of the article for the official use of the Government of
the United States, shall be fined under this title or imprisoned not more than six months,
or both.
(c) Whoever, except as directed by the United States Senate, or the Secretary of the
Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for
resale, either separately or appended to any article manufactured or sold, any likeness of
the seal of the United States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of the Government of the United
States, shall be fined under this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States House of Representatives, or the
Clerk of the House of Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for manufacture or sale of the
article for the official use of the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States Congress, or the Secretary of the
Senate and the Clerk of the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for manufacture or sale of the
article for the official use of the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be enjoined at the suit of the
Attorney General,
(1) in the case of the great seal of the United States and the seals of the President
and Vice President, upon complaint by any authorized representative of any department or
agency of the United States;
(2) in the case of the seal of the United States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United States House of Representatives, upon complaint
by the Clerk of the House of Representatives; and
(4) in the case of the seal of the United States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of Representatives, acting jointly
TITLE 18, PART I, CHAPTER 33, Sec. 709. - False advertising or misuse of names to indicate
Federal agency
Whoever, except as permitted by the laws of the United States, uses the words
''national'', ''Federal'', ''United States'', ''reserve'', or ''Deposit Insurance'' as
part of the business or firm name of a person, corporation, partnership, business trust,
association or other business entity engaged in the banking, loan, building and loan,
brokerage, factorage, insurance, indemnity, savings or trust business; or
Whoever falsely advertises or represents, or publishes or displays any sign, symbol or
advertisement reasonably calculated to convey the impression that a nonmember bank,
banking association, firm or partnership is a member of the Federal reserve system; or
Whoever, except as expressly authorized by Federal law, uses the words ''Federal
Deposit'', ''Federal Deposit Insurance'', or ''Federal Deposit Insurance Corporation'' or
a combination of any three of these words, as the name or a part thereof under which he or
it does business, or advertises or otherwise represents falsely by any device whatsoever
that his or its deposit liabilities, obligations, certificates, or shares are insured or
guaranteed by the Federal Deposit Insurance Corporation, or by the United States or by any
instrumentality thereof, or whoever advertises that his or its deposits, shares, or
accounts are federally insured, or falsely advertises or otherwise represents by any
device whatsoever the extent to which or the manner in which the deposit liabilities of an
insured bank or banks are insured by the Federal Deposit Insurance Corporation; or
Whoever, other than a bona fide organization or association of Federal or State credit
unions or except as permitted by the laws of the United States, uses as a firm or business
name or transacts business using the words ''National Credit Union'', ''National Credit
Union Administration'', ''National Credit Union Board'', ''National Credit Union Share
Insurance Fund'', ''Share Insurance'', or ''Central Liquidity Facility'', or the letters
''NCUA'', ''NCUSIF'', or ''CLF'', or any other combination or variation of those words or
letters alone or with other words or letters, or any device or symbol or other means,
reasonably calculated to convey the false impression that such name or business has some
connection with, or authorization from, the National Credit Union Administration, the
Government of the United States, or any agency thereof, which does not in fact exist, or
falsely advertises or otherwise represents by any device whatsoever that his or its
business, product, or service has been in any way endorsed, authorized, or approved by the
National Credit Union Administration, the Government of the United States, or any agency
thereof, or falsely advertises or otherwise represents by any device whatsoever that his
or its deposit liabilities, obligations, certificates, shares, or accounts are insured
under the Federal Credit Union Act or by the United States or any instrumentality thereof,
or being an insured credit union as defined in that Act falsely advertises or otherwise
represents by any device whatsoever the extent to which or the manner in which share
holdings in such credit union are insured under such Act; or
Whoever, not being organized under chapter 7 of Title 12, advertises or represents that it
makes Federal Farm loans or advertises or offers for sale as Federal Farm loan bonds any
bond not issued under chapter 7 of Title 12, or uses the word ''Federal'' or the words
''United States'' or any other words implying Government ownership, obligation or
supervision in advertising or offering for sale any bond, note, mortgage or other security
not issued by the Government of the United States under the provisions of said chapter 7
or some other Act of Congress; or
Whoever uses the words ''Federal Home Loan Bank'' or any combination or variation of these
words alone or with other words as a business name or part of a business name, or falsely
publishes, advertises or represents by any device or symbol or other means reasonably
calculated to convey the impression that he or it is a Federal Home Loan Bank or member of
or subscriber for the stock of a Federal Home Loan Bank; or
Whoever uses the words ''Federal intermediate credit bank'' as part of the business or
firm name for any person, corporation, partnership, business trust, association or other
business entity not organized as an intermediate credit bank under the laws of the United
States; or
Whoever uses as a firm or business name the words ''Department of Housing and Urban
Development'', ''Housing and Home Finance Agency'', ''Federal Housing Administration'',
''Government National Mortgage Association'', ''United States Housing Authority'', or
''Public Housing Administration'' or the letters ''HUD'', ''FHA'', ''PHA'', or ''USHA'',
or any combination or variation of those words or the letters ''HUD'', ''FHA'', ''PHA'',
or ''USHA'' alone or with other words or letters reasonably calculated to convey the false
impression that such name or business has some connection with, or authorization from, the
Department of Housing and Urban Development, the Housing and Home Finance Agency, the
Federal Housing Administration, the Government National Mortgage Association, the United
States Housing Authority, the Public Housing Administration, the Government of the United
States, or any agency thereof, which does not in fact exist, or falsely claims that any
repair, improvement, or alteration of any existing structure is required or recommended by
the Department of Housing and Urban Development, the Housing and Home Finance Agency, the
Federal Housing Administration, the Government National Mortgage Association, the United
States Housing Authority, the Public Housing Administration, the Government of the United
States, or any agency thereof, for the purpose of inducing any person to enter into a
contract for the making of such repairs, alterations, or improvements, or falsely
advertises or falsely represents by any device whatsoever that any housing unit, project,
business, or product has been in any way endorsed, authorized, inspected, appraised, or
approved by the Department of Housing and Urban Development, the Housing and Home Finance
Agency, the Federal Housing Administration, the Government National Mortgage Association,
the United States Housing Authority, the Public Housing Administration, the Government of
the United States, or any agency thereof; or
Whoever, except with the written permission of the Director of the Federal Bureau of
Investigation, knowingly uses the words ''Federal Bureau of Investigation'' or the
initials ''F.B.I.'', or any colorable imitation of such words or initials, in connection
with any advertisement, circular, book, pamphlet or other publication, play, motion
picture, broadcast, telecast, or other production, in a manner reasonably calculated to
convey the impression that such advertisement, circular, book, pamphlet or other
publication, play, motion picture, broadcast, telecast, or other production, is approved,
endorsed, or authorized by the Federal Bureau of Investigation; or
Whoever, except with written permission of the Director of the United States Secret
Service, knowingly uses the words ''Secret Service'', ''Secret Service Uniformed
Division'', the initials ''U.S.S.S.'', ''U.D.'', or any colorable imitation of such words
or initials, in connection with, or as a part of any advertisement, circular, book,
pamphlet or other publication, play, motion picture, broadcast, telecast, other
production, product, or item, in a manner reasonably calculated to convey the impression
that such advertisement, circular, book, pamphlet or other publication, product, or item,
is approved, endorsed, or authorized by or associated in any manner with, the United
States Secret Service, or the United States Secret Service Uniformed Division; or
Whoever, except with the written permission of the Director of the United States Mint,
knowingly uses the words ''United States Mint'' or ''U.S. Mint'' or any colorable
imitation of such words, in connection with any advertisement, circular, book, pamphlet,
or other publication, play, motion picture, broadcast, telecast, or other production, in a
manner reasonably calculated to convey the impression that such advertisement, circular,
book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other
production, is approved, endorsed, or authorized by or associated in any manner with, the
United States Mint; or
Whoever uses the words ''Overseas Private Investment'', ''Overseas Private Investment
Corporation'', or ''OPIC'', as part of the business or firm name of a person, corporation,
partnership, business trust, association, or business entity; or
Whoever, except with the written permission of the Administrator of the Drug Enforcement
Administration, knowingly uses the words ''Drug Enforcement Administration'' or the
initials ''DEA'' or any colorable imitation of such words or initials, in connection with
any advertisement, circular, book, pamphlet, software or other publication, play, motion
picture, broadcast, telecast, or other production, in a manner reasonably calculated to
convey the impression that such advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or other production is approved,
endorsed, or authorized by the Drug Enforcement Administration; or
Whoever, except with the written permission of the Director of the United States Marshals
Service, knowingly uses the words ''United States Marshals Service'', ''U.S. Marshals
Service'', ''United States Marshal'', ''U.S. Marshal'', ''U.S.M.S.'', or any colorable
imitation of any such words, or the likeness of a United States Marshals Service badge,
logo, or insignia on any item of apparel, in connection with any advertisement, circular,
book, pamphlet, software, or other publication, or any play, motion picture, broadcast,
telecast, or other production, in a manner that is reasonably calculated to convey the
impression that the wearer of the item of apparel is acting pursuant to the legal
authority of the United States Marshals Service, or to convey the impression that such
advertisement, circular, book, pamphlet, software, or other publication, or such play,
motion picture, broadcast, telecast, or other production, is approved, endorsed, or
authorized by the United States Marshals Service; Shall be punished as follows: a
corporation, partnership, business trust, association, or other business entity, by a fine
under this title; an officer or member thereof participating or knowingly acquiescing in
such violation or any individual violating this section, by a fine under this title or
imprisonment for not more than one year, or both.
This section shall not make unlawful the use of any name or title which was lawful on the
date of enactment of this title.
This section shall not make unlawful the use of the word ''national'' as part of the name
of any business or firm engaged in the insurance or indemnity business, whether such firm
was engaged in the insurance or indemnity business prior or subsequent to the date of
enactment of this paragraph.
A violation of this section may be enjoined at the suit of the United States Attorney,
upon complaint by any duly authorized representative of any department or agency of the
United States
TITLE 18, PART I, CHAPTER 33, Sec. 712. - Misuse of names, words, emblems, or
insignia
Whoever, in the course of collecting or aiding in the collection of private debts or
obligations, or being engaged in furnishing private police, investigation, or other
private detective services, uses or employs in any communication, correspondence, notice,
advertisement, or circular the words ''national'', ''Federal'', or ''United States'', the
initials ''U.S.'', or any emblem, insignia, or name, for the purpose of conveying and in a
manner reasonably calculated to convey the false impression that such communication is
from a department, agency, bureau, or instrumentality of the United States or in any
manner represents the United States, shall be fined under this title or imprisoned not
more than one year, or both
TITLE 18, PART I, CHAPTER 33, Sec. 715. - ''The Golden Eagle Insignia''
As used in this section, ''The Golden Eagle Insignia'' means the words ''The Golden
Eagle'' and the representation of an American Golden Eagle (colored gold) and a family
group (colored midnight blue) enclosed within a circle (colored white with a midnight blue
border) framed by a rounded triangle (colored gold with a midnight blue border) which was
originated by the Department of the Interior as the official symbol for Federal recreation
fee areas.
Whoever, except as authorized under rules and regulations issued by the Secretary of the
Interior, knowingly manufactures, reproduces, or uses ''The Golden Eagle Insignia'', or
any facsimile thereof, in such a manner as is likely to cause confusion, or to cause
mistake, or to deceive, shall be fined under this title or imprisoned not more than six
months, or both. The use of any such emblem, sign, insignia, or words which
was lawful on the date of enactment of this Act shall not be a violation of this section.
A violation of this section may be enjoined at the suit of the Attorney General,
upon complaint by the Secretary of the Interior
TITLE 18, PART I, CHAPTER 25, Sec. 506. - Seals of departments or agencies
(a) Whoever— (1) falsely makes, forges, counterfeits, mutilates, or alters the seal
of any department or agency of the United States, or any facsimile thereof; (2) knowingly
uses, affixes, or impresses any such fraudulently made, forged, counterfeited, mutilated,
or altered seal or facsimile thereof to or upon any certificate, instrument, commission,
document, or paper of any description; or (3) with fraudulent intent, possesses, sells,
offers for sale, furnishes, offers to furnish, gives away, offers to give away,
transports, offers to transport, imports, or offers to import any such seal or facsimile
thereof, knowing the same to have been so falsely made, forged, counterfeited, mutilated,
or altered, shall be fined under this title, or imprisoned not more than 5 years, or both.
(b) Notwithstanding subsection (a) or any other provision of law, if a forged,
counterfeited, mutilated, or altered seal of a department or agency of the United States,
or any facsimile thereof, is— (1) so forged, counterfeited, mutilated, or altered;
(2) used, affixed, or impressed to or upon any certificate, instrument, commission,
document, or paper of any description; or (3) with fraudulent intent, possessed, sold,
offered for sale, furnished, offered to furnish, given away, offered to give away,
transported, offered to transport, imported, or offered to import, with the intent or
effect of facilitating an alien’s application for, or receipt of, a Federal benefit
to which the alien is not entitled, the penalties which may be imposed for each offense
under subsection (a) shall be two times the maximum fine, and 3 times the maximum term of
imprisonment, or both, that would otherwise be imposed for an offense under subsection
(a). (c) For purposes of this section— (1) the term “Federal benefit”
means— (A) the issuance of any grant, contract, loan, professional license, or
commercial license provided by any agency of the United States or by appropriated funds of
the United States; and (B) any retirement, welfare, Social Security, health (including
treatment of an emergency medical condition in accordance with section 1903(v) of the
Social Security Act (19 [1] U.S.C. 1396b(v))), disability, veterans, public housing,
education, food stamps, or unemployment benefit, or any similar benefit for which payments
or assistance are provided by an agency of the United States or by appropriated funds of
the United States; and (2) each instance of forgery, counterfeiting, mutilation, or
alteration shall constitute a separate offense under this section.
May 11, 2005 - Immigration and Customs Enforcement.
ICE ADVISORY TO THE PUBLIC ON COUNTERFEIT LAW ENFORCEMENT BADGES
Earlier this week, U.S. Immigration
and Customs Enforcement (ICE) agents in New York seized more than 1,300 high-quality
counterfeit police badges that closely resembled the badges of many different federal,
state, and local law enforcement agencies around the nation, including those of the
Federal Bureau of Investigation, the U.S. Secret Service, the Drug Enforcement
Administration, and the New York Police Department. This seizure has serious Homeland
Security and public safety implications, given that these counterfeit badges may have been
intended for use by criminals and others with no legal authority to carry law enforcement
badges. ICE agents have launched a full investigation to determine the intended recipients
of these badges and to track down any counterfeit badges that may have fallen into the
wrong hands. As this investigation continues, ICE and the Department of Homeland Security
remind the public that a police badge alone does not necessarily reflect law enforcement
status. Legitimate police and law enforcement officers should present credentials with
photo identification as well as a badge when conducting their duties. We encourage the
public to report to ICE and the Department of Homeland Security any information about
individuals displaying, using, or distributing counterfeit law enforcement badges.
ICE’s toll-free hotline is 1-866-DHS-2ICE. The lines are staffed 24 hours a day,
seven days a week.
July 22, 2003 - DEPARTMENT OF HOMELAND SECURITY.
Potential Terrorist Use of Official Identification, Uniforms, or Vehicles.
OVERVIEW: Department of
Homeland Security (DHS) Information Bulletins are informational in nature and are designed
to provide updates on the training, tactics, or strategies of terrorists. The following
information is meant to advise the owners and operators of the nation’s
infrastructures about the possible use by terrorists of official identification, uniforms,
or vehicles to gain access to sensitive facilities for purposes of planning or carrying
out attacks. (In this Information Bulletin, “official” refers to recognized
implements of federal, state, and local governments and private sector entities.) While
DHS possesses no information indicating an organized effort by extremist elements in the
United States to illegally obtain official identification, uniforms, or vehicles in
furtherance of terrorist activities, it has identified the recent theft or disappearance
of large numbers of these items. Attempts to acquire official identification, uniforms, or
vehicles would be consistent with the tactics and techniques of Al-Qaeda and other
extremist groups, according to a variety of reporting sources.
DETAILS: Al-Qaeda and other terrorist groups
likely view the theft or other illegal acquisition of official identification, uniforms,
or vehicles as an effective way to increase access and decrease scrutiny in furtherance of
planning and operations. Although we possess no information that Al-Qaeda or other
terrorist groups are systematically pursuing the illegal acquisition of the above
referenced items, there is indeed precedence for the use of official identification,
uniforms, or vehicles in the execution of terrorist attacks. Terrorist groups have
utilized police or military uniforms to mask their identities and achieve closer access to
their targets without arousing suspicion. This was illustrated in the December 2002,
suicide bombings that targeted the Chechen Government Headquarters in Groznyy, Russia.
Terrorists in South America, the Philippines and Pakistan have commandeered or stolen
emergency medical services vehicles and uniforms (or cleverly designed imitations) to
facilitate the execution of their attacks on key facilities. In an effort to understand
the extent of official identification, uniform, and vehicle thefts, DHS recently conducted
a survey of selected members of the law enforcement community in five states. This survey
revealed that from February to May 2003 hundreds of official identification cards, badges,
decals, uniforms, and government license plates were reported stolen or lost.
Additionally, a number of private companies have reported receiving suspicious inquiries
about renting official delivery vehicles and emergency services representatives have
received unusual requests for detailed vehicle descriptions. There is no historical
baseline to compare recent theft or suspicious inquiry data, and the intent or resolution
of many of the thefts cannot be determined. The worldwide proliferation of individuals or
“companies” that traffic in high-quality imitations of official identification,
uniforms, or vehicles is a related issue that increases the possibility such items could
be used to facilitate future terrorist attacks and further complicates efforts to prevent
their acquisition. For example, earlier this month the New York City High Intensity Drug
Trafficking Area (HIDTA) Task Force reported that it had identified a Japanese website
selling near exact replicas of badges from law enforcement agencies such as the U.S.
Secret Service, Federal Bureau of Investigation, Drug Enforcement Agency, U.S. Marshals
Service, and Los Angeles Police Department. Several press reports this year have referred
to the theft and sale over the Internet of a large number of United Parcel Service (UPS)
uniforms. Although these reports proved to be false, they did bring to the public’s
attention the potential security concerns of missing or stolen identification, uniforms,
or vehicles. DHS reminds all recipients to remain vigilant to the disappearance of, or
unauthorized inquiries regarding, official identification cards, badges, decals, uniforms,
government license plates, and vehicles and establish practices that account for missing
items. DHS encourages recipients to report suspicious incidents to the proper authorities
and to remain vigilant for any nexus to terrorism.
PROTECTIVE MEASURES: Recognizing that
possession of some combination of official identification cards, badges, decals, uniforms,
government license plates, and vehicles tends to reduce suspicion and might allow an
individual or vehicle greater access to sensitive facilities, the following protective
measures are suggested: · Keep comprehensive records of all official identification
cards, badges, decals, uniforms, and license plates distributed, documenting any anomalies
and canceling access to items that are lost or stolen. · Practice accountability of all
vehicles to include tracking vehicles that are in service, in repair status, or sent to
salvage. 1 · Safeguard uniforms, patches, badges, ID cards, and other forms of
official identification to protect against unauthorized access to facilities, to include
stripping all decommissioned vehicles slated for resale and/or salvage of all agency
identifying markings and emergency warning devices. 2 · Check multiple forms of
valid identification for each facility visitor. · Verify the legitimate business needs of
all approaching vehicles and personnel. · Improve identification card technology to
eliminate reuse or unauthorized duplication.
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