MACON, Ga. — If you are preparing to dress up as a law enforcement officer for Halloween, you're in luck. Georgia law says you're in the clear... mostly.
Even though it is a crime to impersonate an officer, Macon defense attorney Gregory Bushway says if you're preparing for a fun night you should be in the clear.
"The law doesn't prohibit that," Bushway said.
That's because the statute in Georgia criminalizing impersonating an officer requires you go beyond playing dress up.
According to Bushway, it is all about whether the person wearing the costume is trying to make someone believe they are a cop.
"If it's the person who's costumed is intending to mislead somebody else, then that person has committed a serious crime. That's a felony in Georgia," Bushway said.
Impersonating an officer is so serious that it carries strict penalties: facing up to five years in prison and a $1,000 fine.
Bushway says the answer to a person's intent often lies in their actions and words. In cases where he's defended a person accused of impersonating an officer, that's where Bushway's analysis typically starts.
"Someone's actions would be indicative of their intent," Bushway said. "At a Halloween party, most people know that everyone's there in costume to have fun."
That doesn't mean, however, you are 100% in the clear.
The law also doesn't require the person to be convinced, Bushway said.
If you're wearing a Spirit Halloween cop costume and you start trying to arrest someone, a prosecutor could still make a strong case that you're impersonating an officer.
That still can be true even if you're within the context of a Halloween party.
"If someone is trying to convince someone that they have arrest powers, they have handcuffs, they're trying to take someone into custody... then even though they're at a Halloween party, arguably they're committing a crime," Bushway said.
So while it is a crime to impersonate an officer, Bushway says that as long as you don't pretend to exert police powers, you should be in the clear.
In other words, "be careful who you take into custody," Bushway said.