Explanation
The Division of Police has encounterd a number of individuals impersonating federal law enforcement officers. These individuals prey on the elderly, immigrants, and others in order to commit fraud and similar crimes.
Title
To amend Section 2321.51 of the Columbus City Codes, 1959, to create the offense of impersonating a federal law enforcement officer.
Body
WHEREAS, recent criminal cases highlight the need to add federal law enforcement officers to the class of individuals defined under Columbus City Code 2321.51; and,
WHEREAS, individuals posing as federal law enforcement officers compromise the public trust in law enforcement officials creating apprehension and fear; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY IF COLUMBUS:
Section 1. That Section 2321.51 of the Columbus City Codes, 1959, is hereby amended to read as follows:
2321.51 Impersonation of certain officers.
(A) As used in this section:
(1) "Peace officer" means a sheriff, deputy sheriff, marshal, deputy marshal, member of the organized police department of a municipal corporation, or township constable, who is employed by a political subdivision of this state, a member of a police force employed by a metropolitan housing authority under division (D) of Section 3735.31 of the Revised Code, a state university law enforcement officer appointed under Section 3345.04 of the Revised Code, an Ohio veterans' home policeman appointed under Section 5907.02 of the Revised Code, or a state highway patrol trooper and whose primary duties are to preserve the peace, to protect life and property, and to enforce the laws, ordinances, or rules of the state or any of its political subdivisions.
(2) "Private policeman" means any security guard, special policeman, private detective, or other person who is privately employed in a police capacity.
(3) "Federal law enforcement officer" means an employee of the United States, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States.
(3) (4) "Impersonate" means to act the part of, assume the identity of, wear the uniform or any part of the uniform of, or display the identification of a particular person or of a member of a class of persons with purpose to make another person believe that the actor is that particular person or is a member of that class of persons.
(B) No person shall impersonate a peace officer, private policeman, or federal law enforcement officer.
(C) No person, by impersonating a peace officer, a private policeman, or federal law enforcement officer shall arrest or detain any person, search any person, or search the property of any person.
(D) No person, with purpose to commit or facilitate the commission of an offense, shall impersonate a peace officer, a private policeman, federal law enforcement officer, or an officer, agent, or employee of the state.
(E) It is an affirmative defense to a charge under division (B) of this section that the impersonation of the peace officer was for a lawful purpose.
(F) Whoever violates division (B) of this section is guilty of a misdemeanor of the fourth degree. Whoever violates division (C) or (D) of this section is guilty of a misdemeanor of the first degree.
(G) This section shall not apply if:
(1) The purpose of a violation of division (D) of this section is to commit or facilitate the commission of a felony, or,
(2) If any person commits a felony while impersonating a peace officer, a private policeman, federal law enforcement officer, or an officer, agent, or employee of the state. (ORC 2921.51; Ord. 2535-94.)
Section 2. That the ordinance shall take effect and be in force from and after the earliest period allowed by law.