SF 3735
1st Engrossment - 94th Legislature (2025 - 2026)
Posted on 03/24/2026 10:57 a.m.
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A bill for an act
relating to public safety; increasing criminal penalty for impersonating a peace
officer; establishing the crime of impersonating a peace officer while possessing
a firearm; establishing enhanced penalties for committing an offense while
impersonating a peace officer; requiring individuals presenting as peace officers
to identify themselves as peace officers; establishing criminal penalties; amending
Minnesota Statutes 2024, section 609.4751.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 609.4751, is amended to read:
609.4751 IMPERSONATING A PEACE OFFICER.
Subdivision 1.
deleted text begin Misdemeanordeleted text end new text begin Intent to misleadnew text end .
Whoever falsely impersonates a peace
officer with intent to mislead another into believing that the impersonator is actually an
officer is guilty of a deleted text begin misdemeanordeleted text end new text begin felony and may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than $4,000, or bothnew text end .
Subd. 2.
deleted text begin Gross misdemeanordeleted text end new text begin Buildings; vehiclesnew text end .
Whoever violates subdivision 1
while committing any of the following acts is guilty of a deleted text begin gross misdemeanordeleted text end new text begin felony and
may be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or bothnew text end :
(1) gaining access to a public building or government facility that is not open to the
public;
(2) without legal authority, directing or ordering another person to act or refrain from
acting;
(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
169.68; or
(4) operating a motor vehicle deleted text begin markeddeleted text end :
(i) new text begin marked new text end with the word or words "police," "patrolman," "sheriff," "deputy," "trooper,"
"state patrol," "conservation officer," "agent," or "marshal"; deleted text begin or
deleted text end
(ii) new text begin marked new text end with any lettering, marking, or insignia, or colorable imitation thereof,
including, but not limited to, stars, badges, or shields identifying the vehicle as a law
enforcement vehicle, and which a reasonable person would believe is a law enforcement
vehicle governed under section 169.98, subdivision 1deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(iii) displaying equipment commonly attached to law enforcement vehicles, or a facsimile
of such equipment, in a manner that would lead a reasonable person to believe that the motor
vehicle is a law enforcement vehicle governed under section 169.98, subdivision 1.
new text end
Subd. 3.
deleted text begin Felonydeleted text end new text begin Previous violation; possession of a firearmnew text end .
new text begin (a) new text end Whoever violates this
section within five years of a previous violation of this section is guilty of a felony and may
be sentenced to imprisonment for not more than deleted text begin twodeleted text end new text begin tennew text end years or to payment of a fine of
not more than deleted text begin $4,000deleted text end new text begin $20,000new text end , or both.
new text begin
(b) Whoever violates this section while in possession of a firearm is guilty of a felony
and may be sentenced to imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both.
new text end
new text begin Subd. 4. new text end
new text begin Crime committed while impersonating an officer; enhanced penalties. new text end
new text begin
(a)
A person who commits a crime other than a violation of this section while falsely
impersonating a peace officer with intent to mislead another into believing that the
impersonator is actually an officer may be sentenced as follows:
new text end
new text begin
(1) if the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor;
new text end
new text begin
(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony and
may be sentenced to imprisonment for not more than three years or to payment of a fine of
not more than $15,000, or both; and
new text end
new text begin
(3) if the crime committed is a felony, the statutory maximum for the crime is five years
longer than the statutory maximum for the underlying crime.
new text end
new text begin
(b) An enhanced penalty imposed under this subdivision does not preclude prosecution
under any other provision of this section.
new text end
new text begin Subd. 5. new text end
new text begin Duty to identify. new text end
new text begin
(a) A law enforcement officer must identify the law
enforcement agency or other entity employing the individual, the individual's last name,
and the individual's identification number if the individual is:
new text end
new text begin
(1) licensed by the Board of Peace Officer Standards and Training;
new text end
new text begin
(2) an officer employed by a federally recognized Tribe, as defined in United States
Code, title 25, section 450b(e);
new text end
new text begin
(3) a peace officer of a state adjoining Minnesota exercising authority pursuant to section
626.77; or
new text end
new text begin
(4) an officer from another jurisdiction providing mutual assistance under the terms of
an emergency management assistance compact entered into pursuant to section 192.89 or
a mutual aid arrangement or cooperative agreement entered into pursuant to section 12.21.
new text end
new text begin
(b) A law enforcement officer satisfies the requirements in paragraph (a) if:
new text end
new text begin
(1) the officer wears a uniform that clearly identifies the law enforcement agency or
other entity employing the officer and displays any combination of a badge, nameplate,
identification patch, or other label that clearly identifies the officer's last name and
identification number;
new text end
new text begin
(2) the officer wears body armor or a protective suit for the purposes of crowd control
or participation as a member of a special weapons and tactics team, and displays any
combination of a badge, nameplate, identification patch, or other label that clearly identifies
the law enforcement agency or other entity employing the officer and the officer's
identification number; or
new text end
new text begin
(3) upon request, the officer states the required information or provides a card that
includes the required information.
new text end
new text begin
(c) Nothing in this subdivision requires an undercover peace officer to reveal the
undercover peace officer's identity unless the undercover peace officer is detaining a person,
arresting a person, or executing a warrant.
new text end
new text begin
(d) Failure by a peace officer to comply with the requirements of this subdivision does
not make an arrest unlawful and must not be the basis to suppress any evidence identified
or seized following an arrest.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end