Colorado’s eavesdropping and wiretapping laws make it a crime to record other people’s conversations without the permission of at least one of the participants. And if the conversation is an interstate phone call, it may be necessary to get everyone’s permission before lawfully recording the call. But any conversation that occurs in public can be recorded without anyone’s permission since the participants have no reasonable expectations of privacy.
Below are three key things to know about Colorado recording laws:
1. Colorado is a one-party consent state
Since Colorado is a one-party consent state, people within the state are free to record their own in-person conversations or phone calls without the other participants’ permission. But if a person in Colorado is on the phone with someone who is in an all-party consent state, then the person in Colorado must get that other person’s permission before he/she can record the electronic communication.1
For a person to lawfully record an in-person conversation or phone conversation he/she is not a part of, at least one party to the conversation must give permission. But as explained above, it may be necessary to get the consent of both participants in a phone call if at least one of them is in an all-party consent state. 2 Moreover, the participant must consent without being forced or threatened.3
Note that there are various exceptions under Colorado law where people may legally eavesdrop or record conversations without getting prior approval. Some of these include:
- News agencies employing typical equipment for the purpose of reporting or investigating a newsworthy event;
- Recording communications that are readily accessible by the public;
- Interception of radio communications that the general public uses; and
- Recording communications on an authorized frequency within the bands for amateur, citizen band, or general mobile radio services.4
2. Violating Colorado recording laws is a crime
Recording conversations in person (“eavesdropping”) is a class 2 misdemeanor, carrying:
- up to 120 days in jail, and/or
- a fine of up to $750.5
Unlawfully wiretapping is also class 2 misdemeanor.6 Penalties include:
- up to 120 days in jail, and/or
- a fine of up to $7507
Note that violating federal laws for wiretapping- which follow one-party consent rules – carries up to 5 years in prison.8
In addition, people who claim they were unlawfully recorded may file civil lawsuits for invasion of privacy.
3. Illegal recording charges can be fought
Six potential defenses to illegal recording charges in Colorado are:
- The conversation recorded was in a public place, and the participants had no reasonable expectation of privacy;
- The defendant was falsely accused;
- The recording happened by accident, and the defendant did not mean to record or listen in on the private conversation;
- The defendant is a victim of mistaken identity, and someone other than the defendant recorded the conversation;
- The defendant got permission to record prior to the conversation, and the participant is now lying about not having given permission;
- Law enforcement committed misconduct, such as by coercing a confession or finding the recording through an unlawful search and seizure.
See our related article, Colorado laws on recording in person conversations.
Legal References
- Colo. Rev. Stat. 18-9-302; CRS 18-9-303; CRS 18-8-304. Other one-party consent states are Alabama, Alaska, Arizona, Arkansas, District of Columbia, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. All party consent states (“two party consent states”) include: California, Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon, Pennsylvania, Vermont, and Washington. See also People v. Mares (Colo. App. 2011) 263 P.3d 699.
- Same.
- See People v. Rivera, (Colo. Supreme Court, 1990) 792 P.2d 786.
- CRS 18-8-305.
- CRS 18-9-304.
- CRS 18-9-303. Prior to March 1, 2022, eavesdropping or wiretapping a cordless phone was a class 1 misdemeanor, with penalties of 6 to 18 months in jail and/or a fine of up to $5,000. SB21-271. HB 23-1293.
- Same.
- 18 U.S.C. 2515; 18 U.S.C. 2511.
