TITLE XXI
MOTOR VEHICLES

CHAPTER 263
DRIVERS' LICENSES

Prohibitions

Section 263:12

    263:12 Prohibitions. –
It shall be a misdemeanor for any person to:
I. Display or cause or permit to be displayed any fictitious, or fraudulently altered driver's license or permit.
I-a. Display or cause or permit to be displayed any revoked or suspended driver's license or permit while operating a motor vehicle.
II. Lend his driver's license or permit to any other person or knowingly permit the unlawful use thereof by another.
III. Display or represent as one's own any driver's license or permit not issued to him by proper authority.
IV. [Repealed.]
V. Use a fictitious or false name in any application for a driver's license or permit or knowingly make a false statement, or knowingly conceal a material fact or otherwise commit a fraud in any such application.
VI. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated license to drive a motor vehicle unless specifically authorized by the director.
VII. Photograph, photostat, duplicate, or in any manner reproduce any license to drive a motor vehicle or facsimile thereof in such a manner that it could be mistaken for a valid license, or have in his possession any such photograph, photostat, duplicate, reproduction or facsimile unless specifically authorized by the director.
VIII. Manufacture, advertise for sale, sell, or possess any fictitious, facsimile or simulated nondriver's identification card provided under RSA 260:21, RSA 260:21-a, or RSA 260:21-b.
IX. Photograph, photostat, duplicate, or in any manner reproduce any official nondriver's identification card or facsimile thereof, in such a manner that it could be mistaken for a valid identification card issued under RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or have in his or her possession any such photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the director.
X. Knowingly scan, record, retain, or store, in any electronic form or format, personal information, as defined in RSA 260:14, obtained from any license, unless authorized by the department. Nothing in this paragraph shall prohibit a person from transferring, in non-electronic form or format, personal information contained on the face of a license to another person, provided that the consent of the license holder is obtained if the transfer is not to a law enforcement agency. Notwithstanding any other provision of law, any person selling alcohol or tobacco who uses due diligence in checking identification to prevent unauthorized sales and purchases of alcohol and tobacco shall not be held responsible for the acceptance of fraudulent identification. Where due diligence is exercised on the part of the seller, the unauthorized purchaser shall be liable for any penalty or fine resulting from the unauthorized sale. This paragraph shall not prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder's consent as part of a sale of merchandise to a pawnbroker, scrap metal dealer, or other secondhand dealer, and submission of such information to law enforcement databases for the sole purpose of identifying sellers of stolen merchandise. The pawnbroker, scrap metal dealer, or secondhand dealer shall not retain the scanned information in electronic form transmitted to a law enforcement database, unless required by local regulation, and shall not furnish the information to anyone except a law enforcement officer. The pawnbroker, scrap metal dealer, or secondhand dealer may maintain in a log or other document the name and address of the person whose license was scanned along with a description of the items the individual sold, pawned, or purchased, and shall allow such log or document to be examined by a law enforcement official upon request. Nor shall this paragraph prohibit the scanning, recording, retaining, or storing of such information in electronic form collected with the license holder's consent to a licensed real estate broker for the purpose of identifying ownership as part of a sale of real property. The real estate broker shall not retain the scanned license for a period of longer than the closing date or when requested by the license holder.

Source. RSA 261:22-a, 22-b. 1963, 150:1. 1973, 528:137. 1981, 146:1, 479:22, 41. 2002, 242:1, eff. Jan. 1, 2003. 2015, 228:1, eff. Sept. 11, 2015. 2016, 71:10, eff. May 10, 2016. 2020, 33:14, eff. July 24, 2020. 2023, 221:2, eff. Aug. 4, 2023. 2024, 299:1, eff. Jan. 1, 2025; 328:7, eff. Jan. 1, 2025. 2025, 141:102, eff. July 1, 2025.