(1) Any person who displays any flag other than the flag of the United States of America or the state of Colorado or any of its subdivisions, agencies, or institutions on a permanent flagstaff located on a state, county, municipal, or other public building or on its grounds within this state commits a class 1 petty offense.
(Deleted by amendment, L. 2007, p. 423, § 1, effective August 3, 2007.)
"Flag", as used in this section, means any flag, ensign, banner, standard, colors, orreplica or representation thereof which is an official or commonly recognized symbol of a particular nation, state, movement, cause, or organization.
(a) This section does not apply to:
The display of the flag of the United Nations or the flag of a foreign nation displayedto identify persons officially representing such foreign nation or the property or premises of the person or nation;
The display of an appropriate flag upon ceremonial or commemorative occasionsproclaimed by the president of the United States, the governor of the state of Colorado, the board of county commissioners of any county, or the mayor or other chief executive officer of a city or town within this state;
The display of the flag of any adjacent state with the flag of the state of Colorado atthe ports of entry weigh stations, in recognition of the joint state port operation; or
(Deleted by amendment, L. 2007, p. 423, § 1, effective August 3, 2007.)
The display of a prisoners of war and missing in action flag or other appropriateveteran commemorative, United States or state armed forces, or military commemorative flag when displayed in accordance with 4 U.S.C. sec. 7;
The display of flags of foreign nations for special, occasional, ceremonial purposeswhen displayed in accordance with 4 U.S.C. sec. 7; or
The display of a flag for educational, cultural, or historical purposes with the priorpermission of the chief administrative officer of the state, county, municipal, or other public building or grounds.
(b) This subsection (4) shall be an affirmative defense.
Source: L. 71: R&RE, p. 480, § 1. C.R.S. 1963: § 40-11-205. L. 73: p. 540, § 11. L. 93:
(4) amended, p. 39, § 3, effective July 1. L. 2002: (4) amended, p. 317, § 2, effective August 7. L. 2007: (1), (2), and (4)(a)(IV) amended and (4)(a)(V), (4)(a)(VI), and (4)(a)(VII) added, p. 423, § 1, effective August 3.
Cross references: For affirmative defenses generally, see §§ 18-1-407, 18-1-710, and 18-1-805; for requirement that the flag be displayed in certain state institutions, see § 27-91-108.