[ยง710-1016.9]ย  Defense.ย  (1)ย  Employment
by the State or a subdivision thereof or by the United States as a law
enforcement officer at the time of the conduct charged is an affirmative
defense to a prosecution for impersonating a law enforcement officer.



(2)ย  It is no defense to a prosecution for
impersonating a law enforcement officer that the office the person pretended to
hold did not in fact exist. [L 1987, c 130, pt of ยง3]



 



COMMENTARY ON ยงยง710-1016.6 TO 1016.9



 



ย  Act 130, Session Laws 1987, was enacted by the legislature
because it was concerned about the increase in the incidence of police
impersonators.ย  The legislature believed it was important to be able to
prosecute people who intend to deceive others by impersonating law enforcement
officers.ย  Senate Conference Committee Report No. 85, House Conference
Committee Report No. 60.