BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 1 I of the Delaware Code by adding thereto a new section, to be designated as Section 907B, to read as follows:
"§907B. Criminal impersonation of a police officer; class F felony, class C felony.
(a) A person is guilty of criminal impersonation of a police officer when the person, intending to facilitate the commission of a crime, or while in immediate flight therefrom:
(1) intentionally and without lawful authority impersonates or otherwise pretends to be a police officer; or
(2) without lawful authority does any act intended to create or reinforce a false impression that the person is a police officer.
(b) Criminal impersonation of a police officer is a class E felony, unless during the course of the commission of the crime, or while in immediate flight therefrom, the person or another participant in the crime:
(1) causes physical injury to any person who is not a participant in the crime; or
(2) commits class A felony or class B felony as defined by this Title, or any sexual offense as defined by §761(d) of this Title, in which case it is a class C felony.
(c) Nothing in this section shall preclude a separate charge, conviction or sentence for any other crime."