(1) A person commits the crime of criminal impersonation of a public servant if, with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of a public servant.
(2) It is no defense to a prosecution under this section that:
(a) The office, position or title that the person pretended to hold did not in fact exist; or
(b) The unit of government that the person pretended to represent did not in fact exist.
(3)(a) Criminal impersonation of a public servant is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, criminal impersonation of a public servant is a Class C felony if the public servant impersonated is a peace officer, judge or justice of the peace.
(4) For the purposes of this section, “public servant” includes an active member or veteran of the Armed Forces of the United States.