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HF 3404

Criminal penalty for impersonating a peace officer increased, crime of impersonating a peace officer while possessing a firearm established, enhanced penalties established, persons presenting as peace officers required to fulfill duty to identify, and criminal penalties established.

2025-2026 Regular Session Introduced by Patty Acomb and 34 co-sponsors

The bill strengthens penalties for impersonating a peace officer, adds a duty-to-identify for officers, and imposes stricter rules and higher charges when crimes occur while impers

Effective date 08/01/2026
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Bill Summary · HF 3404

Summary of HF3404 (Session 2025-2026, Minnesota)

A bill to strengthen penalties and clarify requirements related to impersonating a peace officer, and to mandate identifying information when presenting as a peace officer.

1) Purpose and Intent

  • To increase criminal penalties for impersonating a peace officer.
  • To create a specific offense for impersonating a peace officer while in possession of a firearm.
  • To establish enhanced penalties when crimes are committed while impersonating a peace officer.
  • To require individuals who present themselves as peace officers to identify themselves (duty to identify) and set standards for how identification must be conveyed.
  • To clarify applicable penalties and duties across related statutes.

2) Key Provisions and Changes

  • Amends Minnesota Statutes 2024, § 609.4751 (Impersonating a Peace Officer).
    • Subdivision 1: Replaces “intent to mislead” as the element; now centers on impersonation with the belief by others that the impersonator is an officer, resulting in felony liability with penalties:
    • Up to 2 years in prison or fine up to $4,000 (previously misdemeanor under prior drafting; the bill reclassifies to felony with updated framing).
    • Subdivision 2: Expands scenarios that escalate to a higher offense (previously gross misdemeanor) to felony when committing certain acts while impersonating:
    • Accessing a public building or government facility not open to the public.
    • Directing or ordering others without legal authority.
    • Violating specific traffic/siren provisions or using prohibited law enforcement equipment/identification on a vehicle.
    • The bill adds (iii): displaying equipment or a facsimile of law enforcement vehicle equipment in a way that would lead a reasonable person to believe the vehicle is a law enforcement vehicle.
    • Subdivision 3: Changes related to prior violations and firearm possession:
    • If someone violates the section within five years of a previous violation, it is a felony with up to 10 years in prison or up to $20,000 fine.
    • If the violation occurs while in possession of a firearm, it is a felony with up to 10 years in prison or up to $20,000 fine.
    • Subdivision 4: Crime committed while impersonating an officer; enhanced penalties:
    • If the underlying crime is a misdemeanor, it becomes a gross misdemeanor.
    • If the underlying crime is a gross misdemeanor, it becomes a felony with up to three years additional or up to $15,000 fine.
    • If the underlying crime is a felony, the maximum term of imprisonment for the offense is increased by five years beyond the underlying crime.
    • Enhanced penalties do not preclude charging under other provisions.
    • Subdivision 5: Duty to identify (new section)
    • Requires peace officers to identify their agency, last name, and identification number when interacting with the public under specified circumstances.
    • Applies to:
      • Officers licensed by POST (Board of Peace Officer Standards and Training).
      • Officers employed by federally recognized tribes.
      • Officers from neighboring states acting under cross-border authority.
      • Officers from other jurisdictions providing mutual aid under EMAC or similar agreements.
    • Identification standards:
      • Worn identification on uniform or equipment (badge, nameplate, identification patch, etc.).
      • Visible identification on body armor or tactical gear when involved in crowd control or S.W.A.T. activities.
      • Providing the required information upon request.
    • Protections for undercover officers: identity disclosure allowed only when detaining/arresting/executing a warrant.
    • A peace officer’s failure to identify does not render an arrest unlawful or suppress evidence.
  • Effective date:
    • Section 5 (duty to identify) and the related provisions become effective August 1, 2026, applying to crimes committed on or after that date.

3) Who or What Would Be Affected

  • Individuals who impersonate peace officers (including scenarios involving firearms or specific deceptive conduct).
  • Persons committing crimes while impersonating a peace officer, who would face enhanced penalties.
  • Peace officers and law enforcement agencies, particularly with respect to:
    • Duty to identify requirements in interactions with the public.
    • Training or policies around disclosure of identity and identification information.
  • Jurisdictions and agencies participating in mutual aid or cross-border enforcement (tribal, state neighbors, and mutual aid agreements).

4) Procedural and Timeline Aspects

  • The bill outlines phased effective dates:
    • Primary penalties and enhanced provisions apply to offenses subject to the revised § 609.4751.
    • Duty to identify requirements take effect August 1, 2026.
  • The bill has an extensive amendment of existing sections, with reclassification of offenses from misdemeanors/gross misdemeanors to felonies under new criteria.
  • Administrative: Requires agencies to ensure uniform display of identification and to provide identification upon request; does not require undercover officers to reveal identity in all circumstances.

5) Summary Tone

  • The bill strengthens deterrence and accountability for impersonation of peace officers.
  • It introduces clear identification requirements for peace officers to reduce misrepresentation and improve public safety.
  • It balance penalties by linking the severity to the underlying offense and to firearm possession, with strong emphasis on scenarios likely to cause public risk.

Compiled from official sources — confirm details with the bill’s official record.

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