Wyoming

Affirmative Defense for ID Scanning in Wyoming

Yes, Wyoming offers affirmative defense for ID scanning for tobacco products. This means that if a business scans an ID to verify a customer’s age before selling tobacco products, this action can be used as a defense in any legal proceedings related to the sale of tobacco to minors.

Wyoming ID Scanning Laws Overview

In Wyoming, the law primarily focuses on the sale of tobacco and alcohol when it comes to ID scanning. According to Wyoming Statute 12.1, all deliveries of alcoholic beverages require the purchaser to provide a valid government-issued identification demonstrating the purchaser is twenty-one (21) years of age or older.

Furthermore, Wyoming Statute 12-6-101 states that a motor vehicle driver’s license or valid picture identification card issued by any state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, a permanent resident card issued by the United States citizenship and immigration services, a valid picture identification card issued to a member of the armed forces, or an internationally accepted passport document with a discernible date of birth and photograph is prima facie evidence of the age and identity of a person.

ID Scanning for Tobacco Sales

According to Wyoming Statutes, Tobacco Sales, 14-3-302, it is an affirmative defense to a prosecution under subsections (a) and (c) of this section that, in the case of a sale, the person who sold the tobacco product was presented with, and reasonably relied upon, an identification card which identified the person buying or receiving the tobacco product as being over eighteen (18) years of age.

In addition, no fine for a violation of subsection (c) of this section shall be imposed for a first offense in a twenty-four (24) month period if the retailer can show it had:

1. Adopted and enforced a written policy against selling tobacco products to persons under the age of eighteen (18) years;
2. Informed its employees of the applicable laws regarding the sale of tobacco products to persons under the age of eighteen (18) years;
3. Required employees to verify the age of tobacco product customers by way of photographic identification or by means of electronic transaction scan device.

ID Scanning for Nicotine Products

According to Wyoming SF0042, no person shall sell at retail or wholesale any nicotine product through the internet or any other remote sales method to any person in this state, other than a vendor licensed under W.S. 39‑15‑106, unless the seller performs an age verification on the purchaser through an independent third party age verification service. The age verification service utilized shall compare information available from public records to the personal information entered by the purchaser during the ordering process to establish that the purchaser is twenty‑one (21) years of age or older.

Please note that this information is intended to provide a general overview and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation