DOVER – In the wake of the murders and attempted murders of two state elected officials and their spouses in Minnesota last week by a private citizen impersonating a police officer, House lawmakers voted to pass legislation to clarify and expand the offense of criminal impersonation in Delaware.
Sponsored by Representative Mara Gorman and Senate Majority Whip Elizabeth “Tizzy” Lockman, House Bill 152 would expand the criminal offense of impersonating law enforcement officials to also prohibit the impersonation of a federal officer.
Additionally, it clarifies language in the Delaware Code to define “law-enforcement officials” to mean police officers, firefighters, emergency medical technicians (EMT), paramedics, fire police, or federal officers, and “federal officer” to mean an officer or agent of the federal government who has the power to make arrests under federal law.
“We have seen far too many incidents across the country where bad actors exploit the appearance of authority to gain trust, to deceive, to intimidate, or worse,” said Rep. Mara Gorman.
“Whether someone is impersonating law enforcement during a traffic stop or posing as a federal agent to gain access to a legislator, a home, or a sensitive facility, the consequences can be terrifying and deadly.”
On June 14, 57 year-old Vance Boelter shot and killed former Minnesota House Speaker Melissa Hortman and her husband, Mark Hortman, in their home. State Sen. John Hoffman and his wife, Yvette Hoffman, were also shot multiple times by Boelter earlier that evening, but survived.
Boelter had a hit list containing the names of 45 public officials. A statement from the Hoffmans on June 19 revealed that Boelter gained entry to their home by identifying himself as a police officer.
Boelter is facing state charges for murder and attempted murder, and federal charges for stalking, murder, and shooting.
It is only a misdemeanor to impersonate a police officer in Minnesota. The sentences for a misdemeanor are up to 90 days in prison, a fine of up to $1,000, or both.
Currently, a person found guilty of impersonating a police officer, firefighter, emergency medical technician, paramedic, or fire officer in Delaware can be charged with either a Class E or Class C felony.
The original iteration of HB 152 kept the same charges for criminal impersonation, but clarified and expanded the definition of ‘law-enforcement official.”
Introduced following the assassinations in Minnesota, House Amendment 1 to HB 152 increases the penalty for the non-aggravated version of criminal impersonation of a law-enforcement official to a Class D felony from a Class E felony.
A person would be charged with a Class D felony if they:
- Intentionally and without lawful authority impersonates or otherwise pretends to be a law-enforcement official.
- Without lawful authority does any act intended to create or reinforce a false impression that the person is a law-enforcement official.
If during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime does either of the following, they would be charged with Class C felony:
- Causes physical injury to any person who is not a participant in the crime.
- Commits a class A felony or class B felony as defined by this title (§ 907B, Title 11)or any sexual offense as defined by § 761(i) of this title.
The sentence for a Class D felony is incarceration for up to 8 years to be served at Level V, for Class C, it is up to 15 years.
“Our law enforcement officers have a solemn duty to protect the public,” said Attorney General Kathy Jennings.
“That anyone would ever impersonate them to commit acts of evil is beyond reproach, but it is sadly – as we saw earlier this month – not unprecedented. I am grateful to Representative Gorman and Senator Lockman for their leadership in passing this legislation to ensure that the law can better hold those who might try to do so to account.”
While it is already a federal crime to impersonate a federal officer, it is not a state crime. The Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution protects individuals from being tried or punished twice for the same offense, however the dual sovereignty doctrine allows for individuals to be prosecuted for the same criminal act by both a state and federal government.
“Protecting the public from those who would abuse positions of trust is fundamental to maintaining the sanctity of our law enforcement and keeping our communities safe,” said Sen. Tizzy Lockman.
“The tragedy in Minnesota is a heartbreaking example of how dangerous impersonations can be. Delawareans deserve to feel confident that those who wear a badge and carry authority are there to protect them. This bill preserves that trust and will be paramount in preventing these harmful practices.”
Cases of impersonation are on the rise across the country. On March 31, the FBI Philadelphia Field Office sent out a notice warning the public of fraud schemes in which scammers impersonate law enforcement or government officials in attempts to extort money or steal personally identifiable information.
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