§ 42-2-136 — Unlawful possession or use of license

(1) (a) No person shall
have in such person's possession a lawfully issued driver's, minor driver's, or
temporary driver's license or instruction permit, knowing that such license or permit
has been falsely altered by means of erasure, obliteration, deletion, insertion of new
matter, transposition of matter, or any other means so that such license or permit in
its thus altered form falsely appears or purports to be in all respects an authentic
and lawfully issued license or permit.

(b) No person shall fraudulently obtain a driver's, minor driver's, or temporary
driver's license or an instruction permit.

(2) No person shall have in such person's possession a paper, document, or
other instrument which falsely appears or purports to be in all respects a lawfully
issued and authentic driver's, minor driver's, or temporary driver's license or
instruction permit, knowing that such instrument was falsely made and was not
lawfully issued.

(3) No person shall display or represent as being such person's own any
driver's, minor driver's, or temporary driver's license or any instruction permit which
was lawfully issued to another person.

(4) No person shall fail or refuse to surrender to the department upon its
lawful demand any driver's, minor driver's, or temporary driver's license or any
instruction or temporary permit issued to such person which has been suspended,
revoked, or canceled by the department. The department shall notify the district
attorney's office in the county where such violation occurred, in writing, of all
violations of this subsection (4).

(5) No person shall permit any unlawful use of a driver's license issued to
such person.

(5.5) No person shall photograph, photostat, duplicate, or in any way
reproduce any driver's license or facsimile thereof for the purpose of distribution,
resale, reuse, or manipulation of the data or images contained in such driver's
license unless authorized by the department or otherwise authorized by law.

(6) (a) Any person who violates any provision of subsections (1) to (5) of this
section commits a class 2 misdemeanor.

(b) Any person who violates any provision of subsection (5.5) of this section
commits a petty offense and, upon conviction thereof, shall be punished as
provided in section 18-1.3-503.

(c) A person who violates this section violates section 18-5-121 and, in
addition to any other penalty, is subject to the penalties of section 18-5-121 (6).

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2154, � 1, effective January 1, 1995. L. 97: (5.5) added and (6) amended, p. 354, � 2, effective August 6. L. 2000: (1) to (4) amended, p. 1357, � 33, effective July 1, 2001. L. 2001: (1) amended, p. 941, � 8, effective July 1. L. 2002: (6)(b) amended, p. 1560, � 363, effective October 1. L. 2021: (6) amended, (SB 21-271), ch. 462, p. 3300, � 709, effective March 1, 2022. L. 2025: (6)(c) added, (HB 25-1076), ch. 16, p. 61, � 2, effective August 6.