U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 33— EMBLEMS, INSIGNIA, AND NAMES

18 U.S.C. § 716

Public employee insignia and uniform

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(a) Whoever—(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;(2) knowingly transfers, in interstate or foreign commerce, a genuine official insignia or uniform 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 official 11 So in original. insignia or uniform;(3) knowingly receives a genuine official insignia or uniform in a transfer prohibited by paragraph (2); or(4) being a person not authorized to possess a genuine official insignia or uniform under the law of the place in which the badge is the official official 1 insignia or uniform, 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 insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or 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;(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; and 22 So in original. The word “and” probably should not appear.(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.(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.(Added Pub. L. 106–547, § 3(a), Dec. 19, 2000, 114 Stat. 2739; amended Pub. L. 109–162, title XI, § 1191(a), Jan. 5, 2006, 119 Stat. 3128.)Editorial NotesAmendments

2006—Pub. L. 109–162, § 1191(a)(6), substituted “Public employee insignia and uniform” for “Police badges” in section catchline.

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

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;”.

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

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,”.

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.

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”.

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.

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

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

Notes of Decisions
Cited in 30 cases (1 in the last 5 years), 1927–2024 · leading case: Sherman v. United States Parole Commission
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Sherman v. United States Parole Commission (2007) ca9 · cites it 2× “820 (codified at 18 U.S.C. § 716 ). Thus, a parole violator was viewed by Congress not as an ordinary citizen subject to arrest under a judicial warrant but as a “prisoner” subject to administrative “retaking” by the warden already having legal custody over him.”
Story v. Rives (1938) cadc · cites it 2× “12 18 U.S.C.A. § 716b. 13 United States ex rel.”
United States v. Strandlof (2012) ca10 · cites it 2× “§ 923a; 18 U.S.C. § 716 ; 18 U.S.C. § 2252B(a)–(b); 18 U.”
Pinkerton v. State (1940) alactapp · cites it 2× “If the Board shall so determine, such prisoner shall be allowed to go upon parole outside of pthson walls and inclosure upon such terms and conditions as the Board shall prescribe, but to remain while thus on parole in the legal custody of the warden of the prison from which he…”
Clark v. Surprenant (1938) ca9 · cites it 2× “term of imprisonment had expired, and thereby to enable it at any time, perhaps years after the termination of both, to inflict upon the prisoner another term of confinement in the penitentiary for a length of time equal to that part of his sentence which he served under the…”
United States Ex Rel. Demarois v. Farrell (1937) ca8 “The humane purpose of Congress, as expressed in section 3 of the parole law ( 18 U.S.C.A. § 716 ), is, “If it shall appear to said board of parole * * * that there is a reasonable probability that such applicant [prisoner] will live and remain at liberty without violating the…”
United States Ex Rel. Rowe v. Nicholson (1935) ca4 “18 USCA § 716; Anderson v. Corall, 263 U.”
United States Ex Rel. Jacobs v. Barc (1944) ca6 “, 18 U.S.C.A. § 716 , provides that the Board of Parole may authorize the release of an applicant “upon such terms and conditions, including personal reports from said paroled person, as said board of parole shall prescribe.”
Keyworth C. Birch, Jr. v. Sam A. Anderson (1965) cadc “Anderson, supra, decided in 1934 under the parole statute as worded in 1910, 18 U.S.C. §§ 716 , 717 (1926). In that case the court, referring to good time credit yet contingent, subject to forfeiture by misconduct on parole, said that the expiration of the sentence “could not be…”
United States Ex Rel. Anderson v. Anderson (1935) ca8 “The federal statute providing for reduction of the maximum sentence for good conduct says that “each prisoner * * * whose record of conduct shows that he has faithfully observed all the rules and has not been subjected to punishment, shall be entitled to a deduction from the…”
Hicks v. Reid (1952) cadc “A federal statute, 18 U.S.C. § 716 (b), made his release mandatory at the expiration of the maximum sentence less time off for good behavior.”
United States ex rel. Sollano v. Doak (1933) nynd · cites it 2× “This act of March 2, 1931, amends section 3 of the Act of 1910 (18 USCA § 716), by adding at the end thereof the following: “Provided, That where a Federal prisoner is an alien and subject to deportation, the board of parole may authorize the release of such prisoner after he…”
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