PL 190.26 Criminal impersonation 1st deg Class E felony Link to CJI2d
§ 190.26 Criminal impersonation in the first degree.
    A  person  is  guilty  of criminal impersonation in the first
degree when he:
    1.   Pretends  to  be  a police officer, or wears or displays
without authority,  any  uniform,  badge  or  other  insignia  or
facsimile  thereof,  by  which  such  police  officer is lawfully
distinguished or expresses by his words or  actions  that  he  is
acting  with  the approval or authority of any police department;
and
    2.   So  acts with intent to induce another to submit to such
pretended official authority or otherwise to act in reliance upon
said  pretense  and  in  the  course  of such pretense commits or
attempts to commit a felony; or
  3. Pretending to be a duly licensed physician or other person  author-
ized  to  issue  a prescription for any drug or any instrument or device
used in the taking or administering of drugs for which a prescription is
required by law, communicates to a pharmacist an oral prescription which
is required to be reduced to writing pursuant  to  section  thirty-three
hundred thirty-two of the public health law.
    Criminal  impersonation  in  the  first  degree  is a class E
felony.
.
Subdivision Elements Lesser included offenses
PL 190.26(1)&(2)
  • pretends to be police officer
  • intent to induce submission to authority
  • commits or attempts felony

LIO

PL 190.26(3)
  • pretends to be physician
  • communicates oral prescription to pharmacist

LIO

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by