HB 2165 — Concerning false identification as a peace officer.

ENGROSSEDZ-0509.1 SUBSTITUTE HOUSE BILL 2165 State of Washington 69th Legislature 2026 Regular Session By House Community Safety (originally sponsored by Representatives Obras, Farivar, Ryu, Parshley, Kloba, Ramel, Simmons, Peterson, Berry, Salahuddin, Tharinger, Rule, Reed, Leavitt, Lekanoff, Mena, Scott, Santos, Cortes, Zahn, Callan, Nance, Street, Wylie, Duerr, Thomas, Taylor, Stonier, Gregerson, Ormsby, Berg, Reeves, Thai, Macri, Fosse, Hill, Davis, Pollet, Donaghy, and Bernbaum;

by request of Governor Ferguson)Ferguson READPrefiled FIRST12/17/25. TIME 01/27/26.

Read first time 01/12/26.

Referred to Committee on Community Safety.

amending RCW 9A.60.045;

(a)(i) Makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies the person as a peace officer or a reserve law enforcement officer;

and (ii) The person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item;

(b) Intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency;agency.

orFor (c)purposes Claimsof tothis besubsection, aintentionally peace officer or createsknowingly misrepresenting an impressionobject thatas theproperty personbelonging isto a peacelaw officerenforcement underagency circumstancesincludes notintentionally amountingor toknowingly criminaldisplaying impersonationan initem thebearing firstp. degree, and a reasonable person would believe the person is a peace officer.

p.1 HB 2165 an insignia of a law enforcement agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency.

1 ESHB 2165 (2) ForFalse purposesidentification of this section, intentionally or knowingly misrepresenting an object as property belonging to a lawpeace enforcementofficer agencyis includes intentionally or knowingly displaying an item bearing an insignia of a lawgross enforcementmisdemeanor. agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency.

(3) FalseIt identificationis as a peacedefense officerto isprosecution aunder grossthis misdemeanor.section that:

(4)(a) ItThe iscard, adocument, defensebadge, toinsignia, prosecutionshoulder underemblem, thisor sectionother that the person identified as a peace officer by an item bearing an insignia of a law enforcement agency wasclearly commissionedidentifies by the agency in that capacity when the item was issued to them by the agency, and the person isas stillan authorizedhonorary bypeace theofficer agency's policies to display or usereserve thelaw itemenforcement forofficer, theor purposeas fora whichmember itof isa beingposse; displayed or used.

(5)(a)or Nothing(b) inThe thisperson sectionidentified shallas bea construedpeace toofficer prohibitor thereserve possession of an item bearing an insignia of a law enforcement agencyofficer by anythe ofitem bearing the followinginsignia persons,was tocommissioned thein extentthat authorizedcapacity bywhen the agency'sitem policies:was made.

(i)(4) AnyNothing personin whothis inheritssection orshall receivesbe anconstrued itemto bearingprohibit the agency'sdepiction insigniaof thatlaw originallyenforcement belongedfor tomatters aof deceasedcultural, personhistorical, whopolitical, wasreligious, commissionededucational, bynewsworthy, theor agencypublic asinterest aincluding, peacebut officer,not wherelimited theto, personuse inheritsin orworks receivesof theart, itemcommentary, assatire, partand ofparody aprotected ceremonyby orthe toWashington otherwisestate commemorateConstitution or honor the deceasedUnited person'sStates serviceConstitution. as a peace officer;

or(5) (ii)For Anypurposes personof whothis wassection, commissioned"reserve byofficer" the agency as a peace officer and has kept an item bearing the agency'ssame insigniameaning afteras retirementprovided fromin theRCW agency.10.93.020.

(b)(6) For the purposes of (a)(ii) of this subsection,section, aan retireditem peacebearing officeran isinsignia presumedof to be authorized by a law enforcement agency toincludes keep an item bearingthat thecontains agency's insignia if the agency'sword policies"police," do"sheriff," not"constable," specifically"marshal," prohibit"trooper," theor retired peace officer from keeping the itemtitle andof thean agency doesof notthe requestfederal thatgovernment theemploying itemfederal bepeace returned.officers.

(6)(7) NothingFor inpurposes of this sectionsection, shall"federal bepeace construedofficer" tomeans prohibitany theemployee depictionor ofagent law enforcement for matters of cultural,the historical,United political,States religious,government educational,who newsworthy,has orthe publicauthority interestto including,carry butfirearms notand limitedmake to,warrantless usearrests in works of art, commentary, satire, and parodywhose protectedduties byinvolve the Washingtonenforcement stateof Constitutionthe orlaws of the United StatesStates. Constitution.

p.

2 ESHB 2165 (7) For purposes of this section, "peace officer" includes any "general authority Washington peace officer," "limited authority Washington peace officer," "reserve officer," and "specially commissioned Washington peace officer" as those terms are defined in RCW 10.93.020, and any federal peace officer.

(8) For purposes of this section, an "item bearing an insignia of a law enforcement agency" includes an item that contains the word "police," "sheriff," "constable," "marshal," or "trooper," or the title of an agency of the federal government employing federal peace officers.

(9) For purposes of this section, "federal peace officer" means any employee or agent of the United States government who has the authority to carry firearms and make warrantless arrests and whose duties involve the enforcement of the laws of the United States.

Sec.

2.

RCW 9A.60.045 and 2025 c 51 s 2 are each amended to read as follows:

(1) A person is guilty of criminal impersonation in the second degree if the person:

(a)(((i) Claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer;

and (ii) Under circumstances not amounting to criminal impersonation in the first degree, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer;

(b))) Falsely assumes the identity of a veteran or active duty member of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity;

or (((c))) (b)(i) Knowingly distributes a forged digital likeness of another person as a genuine visual representation or audio recording with intent to defraud, harass, threaten, or intimidate another or for any other unlawful purpose;

and (ii) Knows or reasonably should know that the forged digital likeness is not genuine.

(2) Criminal impersonation in the second degree is a gross misdemeanor.

(3) Nothing in subsection (1)(((c))) (b) of this section shall be construed to prohibit the distribution of visual representations or audio recordings for matters of cultural, historical, political, p.

3 ESHB 2165 religious, educational, newsworthy, or public interest including, but not limited to, use in works of art, commentary, satire, and parody protected by the Washington state Constitution or the United States Constitution.

(4) Nothing in subsection (1)(((c))) (b) of this section shall be construed to impose liability upon the following entities solely as a result of content provided by another person:

(a) An interactive computer service, as defined in Title 47 U.S.C.

Sec.

230(f)(2);

(b) A mobile telecommunications service provider, as defined in RCW 82.04.065;

or (c) A telecommunications network or broadband provider.