1. (a) A person who knowingly or intentionally manufactures and sells or manufactures and offers for sale:

   1. (1) an official badge or a replica of an official badge that is currently used by a law enforcement agency or fire department of the state or of a political subdivision of the state; or

   2. (2) a document that purports to be an official employment identification that is used by a law enforcement agency or fire department of the state or of a political subdivision of the state;

      without the written permission of the chief executive officer of the law enforcement agency commits unlawful manufacture or sale of a police or fire insignia, a Class A misdemeanor.

2. (b) However, the offense described in subsection (a) is:

   1. (1) a Level 6 felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to further the commission of an offense under section 6 of this chapter; and
   2. (2) a Level 4 felony if the person commits the offense with the knowledge or intent that the badge or employment identification will be used to further the commission of an offense under IC 35-47-12 (before its repeal) or a felony terrorist offense (as defined in IC 35-50-2-18 ).

3. (c) It is a defense to a prosecution under subsection (a)(1) if the area of the badge or replica that is manufactured and sold or manufactured and offered for sale as measured by multiplying the greatest length of the badge by the greatest width of the badge is:

   1. (1) less than fifty percent (50%); or

   2. (2) more than one hundred fifty percent (150%);

      of the area of an official badge that is used by a law enforcement agency or fire department of the state or a political subdivision of the state as measured by multiplying the greatest length of the official badge by the greatest width of the official badge.

As added by P.L.126-2012, SEC.54. Amended by P.L.13-2013, SEC.140; P.L.158-2013, SEC.506; P.L.66-2019, SEC.16.