By Shanna Campbell · Updated August 29, 2026 · Statutes verified August 29, 2026 against the North Dakota Century Code. General information, not legal advice.
North Dakota’s badge law contains a structural surprise that runs opposite to almost every other state. Under Century Code section 12.1-13-04, falsely pretending to be a law enforcement officer is a crime with no act requirement at all — the bare pretense completes the offense. Most states demand that the impersonator do something in the pretended capacity; North Dakota does not, for police specifically. And then comes the counterweight: the offense is graded only a Class A misdemeanor. North Dakota casts the widest net in the region and attaches one of the lighter penalties to it.
The Three-Prong Structure of 12.1-13-04
| Prong | Conduct | Extra element required | Grade |
|---|---|---|---|
| (a) | Pretending to be a public servant other than a law enforcement officer | Must act as if exercising that authority | Class B misdemeanor |
| (b) | Pretending to be a public servant or former public servant | Must obtain a thing of value by it | Class A misdemeanor |
| (c) | Pretending to be a law enforcement officer | None — the pretense alone suffices | Class A misdemeanor |
The drafting logic is visible in the grading: pretending to be a building inspector is only criminal if you act on it; pretending to be a police officer is criminal the moment you do it, because the claim itself is the harm. The statute also strips a familiar defense — it is no defense that the pretended office did not exist or that its authority could not have been exercised. A badge from an invented “State Enforcement Bureau” is treated the same as a counterfeit Highway Patrol star.
What the Broad Net Does and Doesn’t Catch
Even without an act requirement, prong (c) still requires falsely pretending to be an officer — a claim of present identity. Collections, memorials, costumes worn as obvious costume, and film props involve no assertion that the wearer is an officer now. What the no-act rule changes is the margin: in states with an act requirement, flashing a badge in a bar to impress someone is usually legally nothing; in North Dakota it is arguably the completed offense. It is the lowest-threshold police impersonation statute in the region, enforced at misdemeanor grade.
Badges and Authorized Orders in North Dakota
North Dakota regulates none of the manufacturing, possession, or design side. Agency orders proceed on department authority across the state’s 53 elected county sheriffs — whose offices order elected sheriff badge designs against their own county conventions — and the North Dakota Highway Patrol tradition, whose trooper insignia sits within the same family as highway patrol trooper badge styles nationwide. Municipal departments in Fargo, Bismarck, Grand Forks, and Minot round out a badge landscape where, as in most plains states, the county star is the dominant silhouette.
How North Dakota Compares
The sharpest contrast is due west: Montana attaches up to five years in state prison to purposeful impersonation of any public servant — our Montana badge law guide covers that flat felony-grade statute — while North Dakota’s widest-net, lightest-grade approach runs the opposite philosophy. South Dakota sits between the two, with its own structure covered in our South Dakota badge requirements guide. Three neighboring plains states, three genuinely different theories of the same offense.
Frequently Asked Questions
Is impersonating a police officer a felony in North Dakota?
No — it is a Class A misdemeanor under 12.1-13-04, even though the offense requires no act beyond the false pretense itself.
Do you have to actually do something to be charged in North Dakota?
For law enforcement impersonation, no. Prong (c) criminalizes the bare pretense. Other public-servant impersonation requires acting on the pretense or obtaining something of value.
Is it illegal to own a police badge in North Dakota?
No. Ownership, collecting, and display involve no claim of present identity; the statute targets pretending to be an officer.
Does it matter if the pretended agency doesn’t exist?
No — the statute expressly removes that defense. Invented agencies are treated the same as real ones.
Who orders law enforcement badges in North Dakota?
The 53 county sheriff’s offices, municipal departments, and state agencies, each on its own authority — no state statute governs badge ordering or design.
Sources
N.D. Cent. Code §12.1-13-04 (impersonating officials), via the North Dakota Legislative Branch (ndlegis.gov) chapter text. Statutes verified August 29, 2026.