§ 716. Public employee insignia and uniform

(a) Whoever—

(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;

(2) knowingly transfers, in interstate or foreign commerce, a genuine official insignia or uniform 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 official

(3) the term “official insignia or uniform” means an article of distinctive clothing or insignia, including a badge, emblem or identification card, that is an indicium of the authority of a public employee;

(4) the term “public employee” means any officer or employee of the Federal Government or of a State or local government; and

(5) the term “uniform” means distinctive clothing or other items of dress, whether real or counterfeit, worn during the performance of official duties and which identifies the wearer as a public agency employee.

(d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively—

(1) for a dramatic presentation, such as a theatrical, film, or television production; or

(2) for legitimate law enforcement purposes.

(Added Pub. L. 106–547, § 3(a), Dec. 19, 2000, 114 Stat. 2739; amended Pub. L. 109–162, title XI, § 1191(a), Jan. 5, 2006, 119 Stat. 3128.)

Amendments

Amendments

2006—Pub. L. 109–162, § 1191(a)(6), substituted “Public employee insignia and uniform” for “Police badges” in section catchline.

Subsec. (a)(1). Pub. L. 109–162, § 1191(a)(1), substituted “official insignia or uniform” for “police badge”.

Subsec. (a)(2). Pub. L. 109–162, § 1191(a)(1), (2), substituted “official insignia or uniform to” for “police badge to” and “official insignia or uniform;” for “badge of the police;”.

Subsec. (a)(3). Pub. L. 109–162, § 1191(a)(1), substituted “official insignia or uniform” for “police badge”.

Subsec. (a)(4). Pub. L. 109–162, § 1191(a)(1), (2), substituted “official insignia or uniform under” for “police badge under” and “official insignia or uniform,” for “badge of the police,”.

Subsec. (b). Pub. L. 109–162, § 1191(a)(3)(C), which directed the insertion of “is not used to mislead or deceive, or” before “is used or intended” was executed by making the insertion before “is used or is intended”, to reflect the probable intent of Congress.

Pub. L. 109–162, § 1191(a)(3)(A), (B), substituted “the insignia or uniform” for “the badge” and inserted “is other than a counterfeit insignia or uniform and” before “is used or is intended to be used”.

Pub. L. 109–162, § 1191(a)(1), which directed substitution of “official insignia or uniform” for “police badge” could not be executed because the term “police badge” did not appear.

Subsec. (c)(3) to (5). Pub. L. 109–162, § 1191(a)(4), added pars. (3) to (5).

Subsec. (d). Pub. L. 109–162, § 1191(a)(5), added subsec. (d).