(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 petty offense.
(2) (Deleted by amendment, L. 2007, p. 423, § 1, effective August 3, 2007.)
(3) Flag, as used in this section, means any flag, ensign, banner, standard,
colors, or replica or representation thereof which is an official or commonly
recognized symbol of a particular nation, state, movement, cause, or organization.
(4) (a) This section does not apply to:
(I) The display of the flag of the United Nations or the flag of a foreign nation
displayed to identify persons officially representing such foreign nation or the
property or premises of the person or nation;
(II) The display of an appropriate flag upon ceremonial or commemorative
occasions proclaimed 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;
(III) The display of the flag of any adjacent state with the flag of the state of
Colorado at the ports of entry weigh stations, in recognition of the joint state port
operation; or
(IV) (Deleted by amendment, L. 2007, p. 423, § 1, effective August 3, 2007.)
(V) The display of a prisoners of war and missing in action flag or other
appropriate veteran commemorative, United States or state armed forces, or
military commemorative flag when displayed in accordance with 4 U.S.C. sec. 7;
(VI) The display of flags of foreign nations for special, occasional, ceremonial
purposes when displayed in accordance with 4 U.S.C. sec. 7; or
(VII) The display of a flag for educational, cultural, or historical purposes
with the prior permission 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.
Offenses Relating to Firearms
and Weapons
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. L. 2021: (1) amended, (SB 21-271), ch. 462, p. 3209, § 343, effective March 1, 2022.
This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor’s note following the title heading.
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.
