575.120. False impersonation--penalties.
False impersonation--penalties.
575.120. 1. A person commits the crime of false impersonation ifsuch person:
(1) Falsely represents himself or herself to be a public servant withpurpose to induce another to submit to his or her pretended officialauthority or to rely upon his or her pretended official acts, and
(a) Performs an act in that pretended capacity; or
(b) Causes another to act in reliance upon his or her pretendedofficial authority;
(2) Falsely represents himself or herself to be a person licensed topractice or engage in any profession for which a license is required by thelaws of this state with purpose to induce another to rely upon suchrepresentation, and
(a) Performs an act in that pretended capacity; or
(b) Causes another to act in reliance upon such representation; or
(3) Upon being arrested, falsely represents himself or herself, to alaw enforcement officer, with the first and last name, date of birth, orSocial Security number, or a substantial number of identifying factors orcharacteristics as that of another person that results in the filing of areport or record of arrest or conviction for an infraction, misdemeanor, orfelony that contains the first and last name, date of birth, and SocialSecurity number, or a substantial number of identifying factors orcharacteristics to that of such other person as to cause such other personto be identified as the actual person arrested or convicted.
2. If a violation of subdivision (3) of subsection 1 of this sectionis discovered prior to any conviction of the person actually arrested foran underlying charge, then the prosecuting attorney, bringing any action onthe underlying charge, shall notify the court thereof, and the court shallorder the false-identifying factors ascribed to the person actuallyarrested as are contained in the arrest and court records amended tocorrectly and accurately identify the defendant and shall expunge theincorrect and inaccurate identifying factors from the arrest and courtrecords.
3. If a violation of subdivision (3) of subsection 1 of this sectionis discovered after any conviction of the person actually arrested for anunderlying charge, then the prosecuting attorney of the county in which theconviction occurred shall file a motion in the underlying case with thecourt to correct the arrest and court records after discovery of the fraudupon the court. The court shall order the false identifying factorsascribed to the person actually arrested as are contained in the arrest andcourt records amended to correctly and accurately identify the defendantand shall expunge the incorrect and inaccurate identifying factors from thearrest and court records.
4. Any person who is the victim of a false impersonation and whoseidentity has been falsely reported in arrest or conviction records may movefor expungement and correction of said records under the procedures setforth in section 610.123, RSMo. Upon a showing that a substantial numberof identifying factors of the victim was falsely ascribed to the personactually arrested or convicted, the court shall order the false identifyingfactors ascribed to the person actually arrested as are contained in thearrest and court records amended to correctly and accurately identify thedefendant and shall expunge the incorrect and inaccurate factors from thearrest and court records.
5. False impersonation is a class B misdemeanor unless the personrepresents himself to be a law enforcement officer in which case falseimpersonation is a class A misdemeanor.
(L. 1977 S.B. 60, A.L. 2004 H.B. 916)