Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Call Us NowUnder CRS § 18-9-303, Colorado law prohibits certain forms of eavesdropping or wiretapping. Specifically, wiretapping a phone line, or using an electronic device to listen in on (or record) private conversations, are criminal offenses punishable by up to 18 months in prison and up to $100,000.00 in fines.
Wiretapping, eavesdropping, and the possession of illegal surveillance equipment can result in
In this article, our Denver Colorado criminal defense lawyers will address:
Wiretapping involves listening to or recording telephone conversations or electronic communication without the consent of either the sender or receiver. This makes Colorado a one-party consent state. (In two-party consent states such as California, a person would need the permission of both the sender or receiver on the phone call to lawfully record conversations.) Any person commits wiretapping if he or she:
It is also illegal wiretapping to attempt to listen in on phone conversations or help another person to commit wiretapping.
It is a separate criminal offense for anyone to
Eavesdropping involves listening to or recording a conversation without consent and while hiding. Wiretapping involves listening to people through the phone or using electronic communication. Eavesdropping can occur when two or more people are having, what they assume to be, a private conversation.
Any person not visibly present during a conversation commits eavesdropping if he or she:
Many people unknowingly commit the crime of wiretapping or eavesdropping. Let’s say Gerard suspects his partner Debbie is having an affair. Gerard puts a recording device on Debbie’s phone to monitor her phone conversations. Gerard also hides outside Debbie’s house so he can overhear her conversations on her mobile phone.
After a couple of weeks of listening to her conversations, Gerard realizes Debbie is not having an affair, and gets rid of the recording device. Even if Gerard does not use the information he overheard, he may still be guilty of criminal wiretapping and eavesdropping.3
Manufacturing, buying, selling, or possessing any instrument or device for wiretapping or eavesdropping is a petty offense for the first offense. The penalties are
However, a second offense is a class 5 felony, with penalties including
Wiretapping is generally a class 6 felony in Colorado. The penalties for a conviction for wiretapping include
Eavesdropping in Colorado is a class 2 misdemeanor, with penalties including
In some cases, wiretapping using a cordless phone is also considered a class 2 misdemeanor carrying up to 120 days in jail and/or a fine of up to $750.4
There are several exceptions to wiretapping and eavesdropping criminal charges. These exceptions can provide an affirmative defense to criminal charges of wiretapping or eavesdropping. This includes exceptions for:
In general, wiretapping requires the individual to knowingly overhear a private phone conversation. Accidentally listening to a phone communication is not intentional. For example, if a cordless telephone picks up another line’s phone conversation, it may not be wiretapping. However, if the listener continues to listen to the conversation or attempts to record the conversation, it may become illegal wiretapping.
Note that a potential defense to eavesdropping charges is that the conversation occurred in a public place, the parties the conversation had no reasonable expectation of privacy.
In Colorado, extortion involves threatening another person to do something, or refrain from doing something, against their will. Extortion is also sometimes known as blackmail. Wiretapping may be used to gather information to use in extortion. Extortion may be charged as a class 4 felony, with penalties including up to 6 years in prison and a fine of up to $500,000.
Telecommunications crime is a broad statute that prohibits the use, possession, or sale of illegal telecommunications equipment or use of telecom equipment without lawful permission. These offenses involving communications can result in civil infraction or felony charges.
Also see our related article on the Colorado crime of obstructing telephone service.