Affirmative Defense

As of August 2018, eleven states have Affirmative Defense ID Scanner laws on the books.  This means a merchant is able to avoid fines for serving a minor who uses an older siblings driver license or a high-quality fake ID if they use an ID Scanner and follow some common sense procedures like making sure the person matches the one inch photo on the ID, ensuring the ID does not look or feel altered, the person does not look underage, and other steps normally performed when checking IDs.

Here is a more formal definition of Affirmative Defense:  An affirmative defense exonerates a defendant of a charge, even if the defendant is basically guilty.  One basically admits to breaking the law but a claim is made that a reasonable person would not know it at the time and all reasonable precautions were taken to ensure one did not break the law.   Note: This is where the ID Scanner’s function of checking the ID and recording the data come into play. The data in memory allow the merchant to prove they were taken reasonable precautions to ensure they complied with the law.

The 11 states which have ID Scanner affirmative defense provisions which protect a merchant against a serving a minor infraction.  Please email with errors and omissions to these posts.

The states are

  1. Arizona
  2. Connecticut
  3. Texas
  4. Nebraska
  5. New York
  6. North Carolina
  7. Ohio
  8. Oregon
  9. Pennsylvania
  10. Utah
  11. West Virginia

Note: This information is not legal advice.  Please consult with licensing authorities and legal counsel about using an ID Scanner to verify age in your jurisdiction.


Many jurisdictions have Privacy Laws on use of ID Scanners and collected scan data.  Please contact us with errors and omissions to this list.

  1. Alberta Canada
  2. Connecticut
  3. Hawaii
  4. Nebraska
  5. New Hampshire
  6. New York
  7. Ohio
  8. Oregon
  9. Pennsylvania
  10. Texas
  11. Utah
  12. West Virginia

Canadian Privacy Regulation

Again – all of the above information is provided as reference material and readers are advised to consult local legal authorities before scanning IDs with an ID Scanner.  We are not lawyers nor is this information intended to serve as legal advice.

Please comment below to add or correct this list.

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