Posted On: September 26, 2011 by Baker Associates

Criminal Impersonation

Sometimes in life, it would be advantageous to simply be someone else. For example, it would be very handy to be a different person if the police are questioning your identity because there is a warrant out for your arrest. Likewise, it would be very convenient to "be" a representative of a charitable organization if you are going door-to-door soliciting donations for that organization with the intent to keep the money. Tennessee has appropriately outlawed such conduct in its Criminal Impersonation statute, T.C.A. 39-16-301.

Criminal Impersonation is defined as follows in Tennessee:

(a) A person commits criminal impersonation who, with intent to injure or defraud another person:

(1) Assumes a false identity;

(2) Pretends to be a representative of some person or organization;

(3) Pretends to be an officer or employee of the government; or

(4) Pretends to have a disability.

(b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

(1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and

(2) Causing another to believe that the person is a law enforcement officer.

Thus, it is illegal to pretend to be someone you are not, pretend to represent an organization that you do not represent, pretend to be a government official, or pretend to be disabled for the purpose of defrauding or injuring another person. "Defrauding" or "injuring" would obviously encompass activities like perpetrating a scam against someone or gaining access into a person's home to beat them up or steal their property. However, the language in this statute is so broad it would essentially allow a person to be arrested for assuming a false identity or disability for almost any purpose.

It is also noteworthy that pretending to be a police officer is also specifically covered by the statute. In fact, as a Class A misdemeanor, impersonating a police officer is punished more harshly than ordinary criminal impersonation, which is a Class B misdemeanor. Either charge carries the threat of a substantial amount of jail time. East Tennesseans in Knox, Sevier, Jefferson, Grainger, Greene, Hamblen, Sullivan, and surrounding counties should contact an experienced Tennessee criminal defense attorney for assistance in fighting these or any other charges.

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