18 U.S.C. 912 prohibits falsely assuming or pretending to be a federal officer or employee and then acting in that role, or demanding or obtaining something of value in that pretended character. The statutory maximum is three years in prison, a fine, or both. Actual punishment depends on the conviction and sentencing circumstances. [1]
The two statutory routes
The first route combines a false claim of federal authority with acting as that officer or employee. The second concerns demanding or obtaining money, papers, documents, or another thing of value while using the false federal identity. The wording means prosecutors do not always need to prove that the person successfully collected money. [1]
For example, someone who falsely presents himself as a federal agent and uses that authority to demand a person’s records creates a different issue from someone writing a fictional story about an agent. The exact statements, surrounding conduct, intended audience, and asserted authority matter.
Not every false title is the same offense
Section 912 concerns authority of the United States or its departments, agencies, or officers. Impersonating a state officer may implicate state law or other federal provisions, but it does not become a section 912 case simply because the conduct is deceptive. A false statement about citizenship is also a separate issue; see 18 USC 911 and false claims of U.S. citizenship.
Fake federal badges and identification can create another federal problem. Section 701 separately restricts unauthorized manufacture, sale, possession, or reproduction of prescribed official insignia and colorable imitations. Its elements and penalty differ from section 912. [2]
Questions that affect a defense
- Was the claimed position actually a federal position?
- What evidence shows the claim was false?
- What action allegedly exercised the claimed authority?
- Was a demand made in the pretended federal role?
- Do recordings or full message threads change the meaning of selected statements?
These questions require the charging document and evidence, rather than an assumption that a joke, costume, or lack of financial gain automatically defeats the charge. Preserve communications and obtain defense advice before giving an explanatory interview. Related allegations may involve false statements within federal jurisdiction, which have different elements.
Primary sources
Sources checked: October 31, 2026.