§ 716. Public employee insignia and uniform

Footnotes

1. 1 So in original.
2. 2 So in original. The word “and” probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2000

   Pub. L. 106–547 § 3(a) · 114 Stat. 2738

   Enacted · 18 U.S.C. § 716

   Added Pub. L. 106–547, § 3(a), Dec. 19, 2000, 114 Stat. 2739

   Source evidence

   Code source credit
   Added Pub. L. 106–547, § 3(a), Dec. 19, 2000, 114 Stat. 2739

   Enacted provision · exact public law section
   (a) In General.— Chapter 33 of title 18, United States Code, is amended by adding at the end the following: “§ 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.”.

2. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(6) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 716

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

   Source evidence

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

   Enacted provision · exact public law section
   (6) in the heading for the section, by striking “police badges” and inserting “public employee insignia and uniform”.

3. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(1) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 716(a)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) by striking “police badge” each place it appears in subsections (a) and (b) and inserting “official insignia or uniform”;

4. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(1) · 119 Stat. 2960

   1. Substituted · 18 U.S.C. § 716(a)(2)

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

   2. Substituted · 18 U.S.C. § 716(a)(2)

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

   Source evidence

   Code amendment note
   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;”.

   Enacted provision · exact public law section
   (1) by striking “police badge” each place it appears in subsections (a) and (b) and inserting “official insignia or uniform”;

5. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(1) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 716(a)(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) by striking “police badge” each place it appears in subsections (a) and (b) and inserting “official insignia or uniform”;

6. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(1) · 119 Stat. 2960

   1. Substituted · 18 U.S.C. § 716(a)(4)

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

   2. Substituted · 18 U.S.C. § 716(a)(4)

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

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (1) by striking “police badge” each place it appears in subsections (a) and (b) and inserting “official insignia or uniform”;

7. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(3)(C) · 119 Stat. 2960

   Changed · 18 U.S.C. § 716(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (C) by inserting “is not used to mislead or deceive, or” before “is used or intended”;

8. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(3)(A) · 119 Stat. 2960

   1. Substituted · 18 U.S.C. § 716(b)

      Pub. L. 109–162, § 1191(a)(3)(A), (B), substituted “the insignia or uniform” for “the badge”

   2. Inserted · 18 U.S.C. § 716(b)

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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (A) by striking “the badge” and inserting “the insignia or uniform”;

9. 2006

   Violence Against Women and Department of Justice Reauthorization Act of 2005

   Pub. L. 109–162 § 1191(a)(1) · 119 Stat. 2960

   Substituted · 18 U.S.C. § 716(b)

   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

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) by striking “police badge” each place it appears in subsections (a) and (b) and inserting “official insignia or uniform”;

10. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1191(a)(4) · 119 Stat. 2960

    Added · 18 U.S.C. § 716(c)(3)(5)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) in subsection (c)— (A) by striking “and” at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting “; and”; (C) by adding at the end the following: “(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.” ; and

11. 2006

    Violence Against Women and Department of Justice Reauthorization Act of 2005

    Pub. L. 109–162 § 1191(a)(5) · 119 Stat. 2960

    Added · 18 U.S.C. § 716(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (5) by adding at the end the following: “(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.” ; and

14 of 14 references resolved to an enrolled provision