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Federal- False Impersonation of an Officer of the United States

Statute
18 USC 911. False Impersonation of a Citizen of the United States

Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant was an alien at the time alleged in the indictment;
  2. That the Defendant falsely represented himself or herself to be a citizen of the United States, as charged; and
  3. That the Defendant made such false representation knowingly and willfully.

An “alien” is any person who is not a citizen of the United States.

American citizenship is acquired by birth within the United States or through judicial proceedings known as “naturalization”. One is also a citizen, even though born outside of the United States, if both parents were citizens and one of them had a residence in the United States prior to the birth.

The Immigration and Naturalization Service is the agency having jurisdiction, supervision and control over the entry of aliens into the United States, and officers of that agency have the right to administer oaths, and to take and consider evidence, concerning the right or privilege of an alien to enter, re-enter, pass through or remain in the United States.