Sales of this item are in full compliance with
(a) Whoever—
(1) knowingly transfers, transports, or receives, in interstate or foreign commerce, a counterfeit official insignia or uniform;
(2) knowingly transfers,
in interstate or foreign commerce, a genuine official insignia or uniform to an
individual, knowing that such individual is not authorized to possess it under
the law of the place in which the badge is the official official insignia or
uniform;
(3) knowingly receives a
genuine official insignia or uniform in a transfer prohibited by paragraph (2);
or
(4) being a person not
authorized to possess a genuine official insignia or uniform under the law of
the place in which the badge is the official insignia or uniform, knowingly
transports that badge in interstate or foreign commerce, shall be fined under
this title or imprisoned not more than 6 months, or both.
(b) It is a defense to a prosecution under this section that the insignia or uniform is other than a counterfeit insignia or uniform and is not used to mislead or deceive, or is used or is intended to be used exclusively—
(1) as a memento, or in a collection or exhibit;
(3) for a dramatic presentation,
such as a theatrical, film, or television production; or
(4) for any other
recreational purpose.
(c) As used in this section—
(1) the term “genuine police badge” means an official badge issued by public authority to identify an individual as a law enforcement officer having police powers;
(2) the term
“counterfeit police badge” means an item that so resembles a police badge that
it would deceive an ordinary individual into believing it was a genuine police
badge; and
(3) the term “official
insignia or uniform” means an article of distinctive clothing or insignia,
including a badge, emblem or identification card, that is an indicium of the
authority of a public employee;
(4) the term “public
employee” means any officer or employee of the Federal Government or of a State
or local government; and
(5) the term “uniform”
means distinctive clothing or other items of dress, whether real or
counterfeit, worn during the performance of official duties and which
identifies the wearer as a public agency employee.
(d) It is a defense to a prosecution under this section that the official insignia or uniform is not used or intended to be used to mislead or deceive, or is a counterfeit insignia or uniform and is used or is intended to be used exclusively—
(1) for a dramatic presentation, such as a theatrical, film, or television production; or
(2) for legitimate law
enforcement purposes.