Can you scan IDs in Wyoming?
Wyoming law regulates a business’s ability to scan IDs in the context of selling Tobacco; otherwise, there is no law generally governing a business’s ability to scan IDs.
Wyoming ID Scanning Laws Overview
In the absence of any statute governing issues associated with a business’s practice of scanning IDs, a business is likely allowed to scan IDs and to retain information obtained from a scan, subject to applicable privacy laws.
Does Wyoming offer affirmative defense for ID scanning?
Yes. Wyoming offers affirmative defense for ID scanning for tobacco products.
Wyoming Statute. 12.1. Alcoholic Beverages. General Provisions
(ii) No order shall be received nor shall any delivery be made to or by a person under the age of twenty-one (21) years. All deliveries shall require the purchaser to provide to the deliverer a valid government issued identification demonstrating the purchaser is twenty-one (21) years of age or older;
12-6-101. Sale or possession prohibited; when possession unlawful; public drunkenness; falsification of identification; penalty; prima facie identification as defense.
(f) Any person under the age of twenty-one (21) years who attempts in any manner to purchase alcoholic or malt beverages or who falsifies any identification or uses any false identification in order to obtain alcoholic or malt beverages is guilty of a misdemeanor. (g) Any person who violates this section, or aids, abets or incites any violation hereof, is guilty of a misdemeanor. (h) 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. Proof that a licensee or his employee or agent demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification is a defense to any criminal prosecution or action for the suspension or revocation of a license.
Wyoming Statutes. Tobacco Sales. 14-3-302. Prohibited sales or delivery.
(f) 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.
(g) Notwithstanding the provisions of subsection (d) of this section, 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:
(i) Adopted and enforced a written policy against selling tobacco products to persons under the age of eighteen (18) years;
(ii) Informed its employees of the applicable laws regarding the sale of tobacco products to persons under the age of eighteen (18) years;
(iii) Required employees to verify the age of tobacco product customers by way of photographic identification or by means of electronic transaction scan device
Wyoming SF0042. Nicotine products – age verification and shipping
AN ACT relating to nicotine products; requiring age verification for remote sales of nicotine products; specifying shipping requirements for nicotine products; modifying definitions related to nicotine products; providing penalties; and providing for an effective date.
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.
The purchaser is required to upload a copy of the purchaser’s government issued identification and a current photograph of the purchaser verifying that the purchaser is at least twenty‑one (21) years of age and delivery is made to the same name on the identification provided.