HRS §710-1016.9
When being a real officer is a defense to impersonation
This section says that if you were actually employed as a law enforcement officer by the state, a county, or the United States at the time of the conduct, that is a valid defense to a charge of impersonating an officer. It also says it is not a defense that the office you pretended to hold did not actually exist.
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The statute, as written — Defense
(1) Employment by the State or a subdivision thereof or by the United States as a law enforcement officer at the time of the conduct charged is an affirmative defense to a prosecution for impersonating a law enforcement officer. (2) It is no defense to a prosecution for impersonating a law enforcement officer that the office the person pretended to hold did not in fact exist. [L 1987, c 130, pt of §3] COMMENTARY ON §§710-1016.6 TO 710-1016.9 Act 130, Session Laws 1987, was enacted by the legislature because it was concerned about the increase in the incidence of police impersonators. The legislature believed it was important to be able to prosecute people who intend to deceive others by impersonating law enforcement officers. Senate Conference Committee Report No. 85, House Conference Committee Report No. 60.
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