A. Impersonating a peace officer consists of:

(1) without due authority exercising or attempting to exercise the functions of a peace officer; or

(2) pretending to be a peace officer with the intent to deceive another person.

B. Whoever commits impersonating a peace officer is guilty of a misdemeanor. Upon a second or subsequent conviction, the offender is guilty of a fourth degree felony.

C. As used in this section, "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes.

History: Laws 1999, ch. 120, § 1.

Cross references. — For unauthorized wearing of state police uniform or badge or unauthorized marking of car, see 29-2-14 NMSA 1978.

Effective dates. — Laws 1999, ch. 120, § 3, makes the act effective on July 1, 1999.

Public officials of other states and the federal government. — Section 30-27-2.1 NMSA 1978 is not limited to only those persons impersonating public officials of the state of New Mexico, but includes impersonating public officials of other states and the federal government. State v. Ramos-Arenas, 2012-NMCA-117, 290 P.3d 733, cert. denied, 2012-NMCERT-010.

Impersonating a border patrol agent. — Where defendant impersonated a border patrol agent, defendant impersonated a peace officer in violation of Section 30-27-2.1 NMSA 1978. State v. Ramos-Arenas, 2012-NMCA-117, 290 P.3d 733, cert. denied, 2012-NMCERT-010.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 32 Am. Jur. 2d False Personation § 1 et seq.

Intent as affecting false personation, 97 A.L.R. 1510.

Criminal liability for false personation during stop for traffic infraction, 26 A.L.R.5th 378.

35 C.J.S. False Personation § 3.