What is the test for obtaining a conviction for impersonation before a peace officer?

California, United States of America


The following excerpt is from People v. Cole, 23 Cal.App.4th 1672, 28 Cal.Rptr.2d 788 (Cal. App. 1994):

"[R]egarding section 529, subdivision 3, the prosecution must establish in addition to the act of impersonation itself an 'act' which, had it been done by the person falsely personated, might have subjected that person to either a suit or some kind of debt or fine; or which benefitted [sic ] the defendant or 'any other person' in some way. Once again, this is not the case when seeking a conviction based on section 148.9. For a conviction based on the latter statute, the prosecution need only establish the act of impersonation before a peace officer upon a lawful detention or arrest, for the purpose of evading the process of the court or proper identification." (People v. Robertson, supra, 223 Cal.App.3d at p. 1281, 273 Cal.Rptr. 209, emphasis added.)

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