Section 42-2-309 - Unlawful acts(1) It is unlawful for any person: (a) To display, cause or permit to be displayed, or have in that person's possession any surrendered, fictitious, fraudulently altered, or fraudulently obtained identification card;(b) To lend that person's identification card to any other person or knowingly permit the use thereof by another;(c) To display or represent any identification card not issued to that person as being that person's card;(d) To permit any unlawful use of an identification card issued to that person;(e) To do any act forbidden or fail to perform any act required by this part 3, which would not include use of such card after the expiration date;(f) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or have in that person's possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by law;(g) To photograph, photostat, duplicate, or in any way produce any identification card as defined in section 42-2-301 (2), or facsimile thereof, unless authorized by law, in such a manner that it could be mistaken for a valid identification card or to display or possess any such photograph, photostat, duplicate, production, or facsimile;(h) To photograph, photostat, duplicate, or in any way reproduce any identification card or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such identification card unless authorized by the department or otherwise authorized by law.(2)(a) Notwithstanding section 42-2-310, a person who violates subsection (1)(a) or (1)(e) of this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.(b) A person who violates subsection (1)(b), (1)(c), (1)(d), (1)(f), (1)(g), or (1)(h) of this section commits a petty offense and, upon conviction thereof, shall be punished as provided in section 18-1.3-503.Amended by 2021 Ch. 462, § 713, eff. 3/1/2022.L. 94: (1)(g) added, p. 495, § 1, effective March 31; entire title amended with relocations, p. 2162, § 1, effective 1/1/1995. L. 97: (1)(h) added, p. 355, § 3, effective August 6. L. 2021: (2) added, (SB 21-271), ch. 3302, p. 3302, § 713, effective 3/1/2022.(1) This section is similar to former § 42-2-409 as it existed prior to 1994.
(2) Subsection (1)(g) enacted by Senate Bill 94-012 was harmonized with Senate Bill 94-001.
(3) Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).