The penalty for impersonating a police officer in Massachusetts is a fine of up to $1,000, imprisonment for up to two and a half years, or both, under Chapter 268, Section 33 of the Massachusetts General Laws.1General Court of Massachusetts. Massachusetts General Laws Chapter 268, Section 33 – Falsely Assuming to Be Justice of the Peace or Other Officers The offense is a misdemeanor, but it carries a consequence most misdemeanors don’t: a conviction cannot be sealed from your criminal record.
What Counts as Impersonation Under the Statute
Two things have to be proven. First, you falsely assumed or pretended to be a police officer. Second, you either acted in that role or made someone help you with duties connected to it. Both elements matter. Telling someone at a bar that you’re a detective, with nothing more, generally doesn’t clear the bar. Pulling a car over, flashing a badge to force entry, or ordering someone to comply with a search does.
Section 33 reaches well beyond police. It also covers people falsely posing as justices of the peace, notaries, sheriffs and deputies, medical examiners, constables, probation officers, Registry of Motor Vehicles examiners or investigators, public utilities inspectors, Alcoholic Beverages Control Commission investigators, Bureau of Special Investigations officials, Department of Revenue officers, and federal officers.1General Court of Massachusetts. Massachusetts General Laws Chapter 268, Section 33 – Falsely Assuming to Be Justice of the Peace or Other Officers The penalty is the same across all of them.
The Fine and Jail Time
The maximum fine is $1,000. The maximum sentence is two and a half years, served in a house of correction rather than state prison, which is why the offense is classified as a misdemeanor under Massachusetts law.2General Court of Massachusetts. Massachusetts General Laws Chapter 274, Section 1 A judge can impose the fine, the jail term, or both.
The misdemeanor label is misleading on its own. Two and a half years is the ceiling Massachusetts allows for any misdemeanor, so this sits at the top of the range. Where a defendant lands within that range depends on the circumstances: whether the impersonation was used to commit another offense, whether anyone was harmed or coerced, and whether there is a prior record. A costume gone too far at a party produces a different sentencing conversation than a fake traffic stop.
Charges That Often Get Added On
Section 33 rarely stands alone when the conduct went beyond words. Prosecutors look at the equipment used and the purpose behind the act.
Chapter 268, Section 34 separately criminalizes disguising yourself with intent to obstruct law enforcement, intimidate someone, or interfere with an officer’s duties. A police uniform worn to intimidate a victim or block real officers can draw a charge under Section 34 on top of Section 33.
Mounting flashing, rotating, or oscillating blue lights on a vehicle is restricted almost entirely to authorized police vehicles and a few other permitted uses. A violation carries a fine of $100 to $300.3General Court of Massachusetts. Massachusetts General Laws Chapter 90, Section 7E A small fine on its own, but when the lights were used to pull someone over, it stacks on the impersonation charge and strengthens the prosecution’s case considerably.
If a federal badge or credential was involved, federal law adds its own exposure. Under 18 U.S.C. ยง 701, manufacturing, selling, or possessing an official federal badge, identification card, or a convincing imitation is punishable by up to six months in prison, a fine, or both.4Office of the Law Revision Counsel. 18 U.S. Code 701 – Official Badges, Identification Cards, Other Insignia Flashing a fake FBI or DEA badge in Massachusetts can trigger state impersonation charges and a separate federal prosecution.
The Conviction Cannot Be Sealed
Massachusetts normally lets people seal many misdemeanor convictions from public view after a three-year waiting period under Chapter 276, Section 100A. That statute explicitly excludes convictions under Chapter 268, with the sole exception of resisting arrest.5General Court of Massachusetts. Massachusetts General Laws Chapter 276, Section 100A Impersonating an officer falls under Chapter 268, Section 33, so a conviction stays visible permanently. There is no mechanism under current Massachusetts law to clear it.
What a Permanent Record Costs You
Because the record never closes, the downstream consequences keep showing up for the rest of your life.
- Jobs in law enforcement, security, education, healthcare, and government service become extremely hard to pursue. Many of these fields run background checks tied to licensing, and a conviction for impersonating an officer raises obvious concerns about integrity.
- Landlords routinely run criminal background checks, and a permanent conviction can shrink your rental options, especially in competitive markets.
- State licensing boards for fields like nursing, real estate, and financial advising ask about criminal history. You’ll be disclosing and explaining the conviction at every renewal, indefinitely.
- Some banks and lenders factor criminal history into their decisions, and the Federal Deposit Insurance Act bars people with certain convictions from working in banking.
For most misdemeanors, the sealing window eventually closes the chapter. That option doesn’t exist here.
Defenses That Can Reduce or Defeat the Charge
The strongest defenses target the second element: acting in the role. The statute requires both a false claim and conduct that an officer would perform. If the prosecution can’t show the conduct, the charge has a gap.
Context carries real weight. A police costume at a Halloween party is not the same as one worn at a fake traffic checkpoint. When the setting makes clear no authority was being exercised, the “acts as such” element gets hard to prove. The same logic applies to theatrical performances and film productions, where everyone involved understands the uniform is part of a role.
A defense based on authorization can also apply. Someone who genuinely believed they had permission to perform certain functions, perhaps through a community patrol program or a ride-along that went off the rails, may be able to argue the “falsely assumes” element wasn’t met. The belief has to be reasonable. Courts aren’t sympathetic to people who invent their own authority and then claim they thought it was real.
Possession of police equipment, standing alone, may also fall short of the statute. Owning a badge bought at a flea market is different from flashing that badge at a security guard to get into a restricted area. The dividing line is whether the equipment was used to perform or simulate official duties.