§ 716. — Police badges.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC716]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES
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.
(Added Pub. L. 106-547, Sec. 3(a), Dec. 19, 2000, 114 Stat. 2739.)
