2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 11 - OFFENSES INVOLVING DISLOYALTY (§§ 18-11-101 — 18-11-205) › Part 2 - ANARCHY - SEDITION (§§ 18-11-201 — 18-11-205) › Section 18-11-205 - Unlawful to display flag - exceptions

(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.
Amended by 2021 Ch. 462, § 343, eff. 3/1/2022.
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. 3209, p. 3209, § 343, effective 3/1/2022.
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).
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 .