Indiana criminal charge
Unlawful manufacture or sale of police or fire insignia in Indiana
Unlawful manufacture or sale of police or fire insignia is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-2-8. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-44.1-2-8.
What is the penalty for unlawful manufacture or sale of police or fire insignia in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Base offense - unlawful manufacture/sale of police or fire insignia — A person knowingly or intentionally manufactures and sells, or manufactures and offers for sale, an official badge or replica or a document purporting to be official employment identification of a law enforcement agency or fire department, without written permission of the chief executive officer.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Base offense - unlawful manufacture/sale of police or fire insignia — A person knowingly or intentionally manufactures and sells, or manufactures and offers for sale, an official badge or replica or a document purporting to be official employment identification of a law enforcement agency or fire department, without written permission of the chief executive officer.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Enhanced offense - intent to further section 6 offense — The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under section 6 of this chapter.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Enhanced offense - intent to further section 6 offense — The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under section 6 of this chapter.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 2 years to 12 years (Enhanced offense - intent to further weapons/terrorism offense — The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under IC 35-47-12 (before its repeal) or a felony terrorist offense as defined in IC 35-50-2-18.; fixed term; advisory sentence 6 years) | presumptive | Ind. Code § 35-50-2-5.5 |
| Fine | up to $10,000 (Enhanced offense - intent to further weapons/terrorism offense — The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under IC 35-47-12 (before its repeal) or a felony terrorist offense as defined in IC 35-50-2-18.) | discretionary | Ind. Code § 35-50-2-5.5 |
Applies to current.
How is unlawful manufacture or sale of police or fire insignia classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Base offense - unlawful manufacture/sale of police or fire insignia | Class A Misdemeanor | A person knowingly or intentionally manufactures and sells, or manufactures and offers for sale, an official badge or replica or a document purporting to be official employment identification of a law enforcement agency or fire department, without written permission of the chief executive officer. | Ind. Code § 35-44.1-2-8(a) |
| Enhanced offense - intent to further section 6 offense | Level 6 Felony | The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under section 6 of this chapter. | Ind. Code § 35-44.1-2-8(b) |
| Enhanced offense - intent to further weapons/terrorism offense | Level 4 Felony | The offense under subsection (a) is committed with knowledge or intent that the badge or employment identification will be used to further the commission of an offense under IC 35-47-12 (before its repeal) or a felony terrorist offense as defined in IC 35-50-2-18. | Ind. Code § 35-44.1-2-8(b) |
Common questions about unlawful manufacture or sale of police or fire insignia in Indiana
Is unlawful manufacture or sale of police or fire insignia a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful manufacture or sale of police or fire insignia ranges from a Class A Misdemeanor to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-2-8.
Base offense - unlawful manufacture/sale of police or fire insignia: Class A Misdemeanor (Ind. Code § 35-44.1-2-8(a)) · Enhanced offense - intent to further section 6 offense: Level 6 Felony (Ind. Code § 35-44.1-2-8(b)) · Enhanced offense - intent to further weapons/terrorism offense: Level 4 Felony (Ind. Code § 35-44.1-2-8(b))
What are the penalties for unlawful manufacture or sale of police or fire insignia in Indiana?
Penalties for unlawful manufacture or sale of police or fire insignia in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 4 Felony — with the ranges set by Ind. Code § 35-50-3-2, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-5.5; the full table of ranges by variant is published on this page.
Which Indiana statute covers unlawful manufacture or sale of police or fire insignia?
Unlawful manufacture or sale of police or fire insignia is governed by Ind. Code § 35-44.1-2-8 (Unlawful manufacture or sale of police or fire insignia).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.