(A) For the purpose of this section the following words and phrases shall have the following meanings ascribed to them respectively.
(1) FEDERAL LAW ENFORCEMENT OFFICER. An employee of the United States who serves in a position the duties of which are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses under the criminal laws of the United States.
(2) IMPERSONATE. To act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of
persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(3) INVESTIGATOR OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION. Has the same meaning as in R.C. § 2903.11.
(4) PEACE OFFICER. A sheriff, deputy sheriff, marshal, deputy marshal, member of the police department, or township constable, who is employed by a political subdivision of the state; a member of a police force employed by a metropolitan housing authority under R.C. § 3735.31(D); a
member of a police force employed by a regional transit authority under R.C. § 306.35(Y); a state university law enforcement officer appointed under R.C. § 3345.04; an Ohio veteran's home policeman appointed under R.C. § 5907.02; a special police officer employed by a port authority under R.C. § 4582.04 or 4582.28; an officer, agent, or employee of the state or any of its agencies, instrumentalities, or political subdivisions, upon whom, by statute, a duty to conserve the peace or to enforce all or certain laws is imposed and the authority to arrest violators is conferred, within limits of that statutory duty and authority; or a state highway patrol trooper whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or regulations of the state or any of its political subdivisions.
(5) PRIVATE POLICEMAN. Any security guard, special policeman, private detective, or other person who is privately employed in a police capacity.
(B) No person shall impersonate a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer.
(C) No person, by impersonating a peace officer, private police officer, investigator of the Bureau of Criminal Identification and Investigation, or federal law enforcement officer, shall arrest or detain any person, search any person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or the state, or investigator of the Bureau of Criminal Identification and Investigation.
(E) No person shall commit a felony while impersonating a peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation.
(F) It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer, private police officer, federal law enforcement officer, an officer, agent or employee of the municipality or of the state, or investigator of the Bureau of Criminal Identification and Investigation was for a lawful purpose.
(G) Whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (C) or (D) is guilty of a misdemeanor of the first degree. If the purpose of a violation of division (D) is to commit or facilitate the commission of a felony, a violation of division (D) is a felony of the fourth degree and shall be prosecuted under appropriate state law. Whoever violates division (E) is guilty of a felony of the third degree and shall be prosecuted under appropriate state law.
(R.C. § 2921.51) (Rev. eff. with 2010 S-11) (Ord. 79-1973, passed 12-19-73)
Penalty, see § 130.99