Tennessee Code Annotated

Tenn. Code Ann. § 39-16-301 (2026)

Criminal impersonation

✓ current as of May 2026

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(a) A person commits criminal impersonation who, with intent to injure or defraud another person:
- (1) Assumes a false identity;
- (2) Pretends to be a representative of some person or organization;
- (3) Pretends to be an officer or employee of the government; or
- (4) Pretends to have a disability.

(b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:
- (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
- (2) Causing another to believe that the person is a law enforcement officer.

(c)
- (1) A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by:
  - (A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded;
  - (B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or
  - (C) Presenting false identification, documentation, or certification to include, without limitation:
    - (i) United States department of defense identification cards;
    - (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms;
    - (iii) United States department of veteran affairs identification cards; or
    - (iv) Certifications or qualifications indicating uniformed service training or education.
- (2) This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank.

(d)
- (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the offense is a Class A misdemeanor.
- (2) Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the maximum fine for the offense shall be five thousand dollars ($5,000).
- (3) All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act.

(e) For purposes of this section, "uniformed service" means:
- (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
- (2) The commissioned corps of the United States public health service;
- (3) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
- (4) The national guard of a state.

Amended by 2018 Tenn. Acts, ch. 914,s 2, eff. 7/1/2018.

Amended by 2014 Tenn. Acts, ch. 710,s 9, eff. 7/1/2014.

Amended by 2014 Tenn. Acts, ch. 710,s 8, eff. 7/1/2014.

Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1; 2011, ch. 47, § 31.

Notes of Decisions

Cited in 31 cases (2 in the last 5 years), 1995–2022 · leading case: State v. Pinkham, 955 S.W.2d 956 (Tenn. 1997).

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State v. Pinkham, 955 S.W.2d 956 (Tenn. 1997). · cites it 2× “Tenn.Code Ann. § 39-16-301 (1991), a Class B misdemeanor.”

State v. Brooks, 909 S.W.2d 854 (Tenn. Crim. App. 1995). · cites it 2× “Pursuant to T.C.A. § 39-16-301, a person commits the offense of criminal impersonation if he assumes a false identity “with intent to injure or defraud another person.”

Earl Gene Davis v. Civil Serv. Comm'n Of The Metro. Gov't Of Nashville & Davidson Cnty. (Tenn. Ct. App. 2019). · cites it 16× “Tenn. Code Ann. § 39-16-301 (a). There is no indication in MNPD Policy § 4.”

State of Tennessee v. Gregory Ricardo McDonald, III (2017). · cites it 3× “” Tenn. Code Ann. § 39-16-301 (a)(1). As used here, the term “person” includes any “governmental subdivision or agency.”

Ralph T. O'Neal v. State of Tennessee (Tenn. Crim. App. 2016). · cites it 2× “See Tenn. Code Ann. §§ 39-16-301 , -17-417, -17-418, -17-1307 & 55- 50-504.”

State of Tennessee v. Roy Thomas Rogers (Tenn. Crim. App. 2016). · cites it 2× “See Tenn. Code Ann. §§ 39-16-301 , -17-425, -17-433, -17-435.”

State of Tennessee v. Patrick Russell Chambers (Tenn. Crim. App. 2017). · cites it 2× “See T.C.A. § 39-16-301 (2014). The Defendant also stipulated that his conduct in case number C-20453 violated the conditions of his community corrections sentence relative to a reckless homicide conviction in case number C-20398.”

State of Tennessee v. Sean Farris (Tenn. Crim. App. 2017). · cites it 2× “T.C.A. §39-16-301(a)(2014); See also, State v.”

Earl Gene Davis v. Civil Serv. Comm'n Of The Metro. Gov't Of Nashville & Davidson Cnty. - Concurring In Part (Tenn. Ct. App. 2019). · cites it 2× “040(B), the majority essentially concludes that consideration of the public authority defense is irrelevant because the only question involved is whether Officer Davis committed the acts that constitute the offense outlined by Tennessee Code Annotated section 39-16-301(a), not…”

State of Tennessee v. Cedrick Dewayne Whiteside (Tenn. Crim. App. 2019). · cites it 2× “§ 39-13-103 ; count three, criminal impersonation in violation of Tenn. Code Ann. § 39-16-301 ; count four, driving on a cancelled, suspended or revoked license in violation of Tenn.”

State of Tennessee v. Jack Price & Larry Thomas Cochran (Tenn. Crim. App. 2013). · cites it 2× “See Tenn. Code Ann. §§ 39-16-301 , -602. A joint, two-day trial was held on December 9 and 10, 2010.”

State of Tennessee v. Ronald Bowman (Tenn. Crim. App. 2005). · cites it 2× “section 39-16-301(a) provides that “[a] person commits criminal impersonation who, with intent to injure or defraud another person, assumes a false identity.”

Show all 31 citing cases →

— Tenn. Code Ann. § 39-16-301(a) — 5 cases

Earl Gene Davis v. Civil Serv. Comm'n Of The Metro. Gov't Of Nashville & Davidson Cnty. - Concurring In Part (Tenn. Ct. App. 2019). “040(B), the majority essentially concludes that consideration of the public authority defense is irrelevant because the only question involved is whether Officer Davis committed the acts that constitute the offense outlined by Tennessee Code Annotated section 39-16-301(a), not…”

Earl Gene Davis v. Civil Serv. Comm'n Of The Metro. Gov't Of Nashville & Davidson Cnty. (Tenn. Ct. App. 2019). “Tenn. Code Ann. § 39-16-301 (a). There is no indication in MNPD Policy § 4.”

State of Tennessee v. Ronald Bowman (Tenn. Crim. App. 2005). “section 39-16-301(a) provides that “[a] person commits criminal impersonation who, with intent to injure or defraud another person, assumes a false identity.”

State of Tennessee v. Walter Lee Hicks, Jr. (Tenn. Crim. App. 2014).

State v. Billy Joe Phillips,a.k.a. Billy Joe West, a.k.a Joseph L. Phillips (Tenn. Crim. App. 2000).

— Tenn. Code Ann. § 39-16-301(a)(1) — 2 cases

State v. Lisa Ann Bargo (Tenn. Crim. App. 2000).

Thomas Bradshaw v. State (Tenn. Crim. App. 1997).

— Tenn. Code Ann. § 39-16-301(a)(2014) — 1 case

State of Tennessee v. Sean Farris (Tenn. Crim. App. 2017). “T.C.A. §39-16-301(a)(2014); See also, State v.”

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