Topic:
FELONIES; SECRETARIES OF STATE; STATE EMBLEMS;
Location:
CONNECTICUT - EMBLEMS, ETC.;

OLR Research Report


December 3, 2007

 

2007-R-0681

MISUSE OF THE STATE SEAL

By: Ryan F. O'Neil, Research Assistant

You asked how the secretary of the state determines appropriate uses for the state seal, what penalties can be imposed if an unauthorized use continues, and the procedure is followed for reporting an inappropriate use of the state seal.

CGS § 3-106a says the state seal can be used only for business related to the state, memorials, and educational purposes as approved by the secretary of the state. The seal cannot be used for commercial and partisan political purposes.

Someone seeking to use the seal must write to the Secretary of the State's Office and include a detailed description of the purpose of the requested use. The office noted that use of the seal is rarely approved.

Along with using the using the seal in an unapproved manner, counterfeiting the seal is also a crime. CGS § 53-153 makes counterfeiting the state seal punishable by up to 10 years in prison. The office of the chief state's attorney characterized counterfeiting as someone making the seal themselves and then passing it off as legitimate, as compared to using a legally obtained seal without prior approval.

The office of the chief state's attorney also stated that an instance of counterfeiting might involve forgery (CGS §§ 53a-137 and -139). Forging the state seal is a Class D felony, which is punishable by one to five years in prison, a fine up to $ 5,000, or both.

According to the Secretary of State's Office, if someone suspects the seal is being used without approval, the first step would be to contact the office. The use would be reviewed and it was found to be inappropriate and unapproved, the office would refer the matter to the Attorney General's Office, which would seek an injunction against the use.

A spokesperson from the secretary of the state's office also suggested that if the use of the seal was clearly beyond inappropriate (e. g. , counterfeit or forged), then the police could be the first place, to call since it would be a criminal matter.

RO: ts