Colorado Recording Law – 3 Key Things to Know

Colorado’s recording laws make it a crime to record other people’s conversations without the permission of at least one of the participants. It does not matter whether you are recording an in-person conversation (“eavesdropping”) or recording a phone call (“wiretapping”).

However, conversations that occur 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, you need the permission of only one party to an in-person conversation or phone conversation to lawfully record it as long as all participants are in Colorado.

Therefore you can always record your own conversations since you already have your own consent. Though if you are just listening in, then you need at least one party’s permission.

Note that if you are on the phone with someone in an “all-party consent state,” then you need their permission to record the conversation. It does not matter that you are in Colorado.¹

It goes without saying that participants must freely give their consent to being recorded. Permission does not count if it is forced or threatened.²

Exceptions

There are various exceptions under Colorado law where people may legally eavesdrop or wiretap 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.³

2. Violating Colorado Recording Laws Is a Crime

In Colorado, unlawfully recording a conversation is a class 2 misdemeanor whether the conversation is in person (“eavesdropping) or over the phone (“wiretapping”). Penalties include:

• up to 120 days in jail and/or
• a fine of up to $750.⁴

Note that violating federal laws for wiretapping – which follow one-party consent rules – carries up to five years in prison.⁵

In addition, people who claim they were unlawfully recorded may file civil lawsuits for invasion of privacy.

3. Illegal Recording Charges Can Be Fought

Here at Colorado Legal Defense Group, I have represented countless people on technology-related charges such as recording phone calls unlawfully. In my experience, the following six defenses have proven very effective with prosecutors and judges.

1. The conversation recorded was in a public place, and the participants had no reasonable expectation of privacy.
2. You were falsely accused.
3. The recording happened by accident, and you did not mean to record or listen in on the private conversation.
4. You are a victim of mistaken identity, and someone other than you recorded the conversation.
5. You secured permission to record prior to the conversation, and the participant is now lying about not having given you permission.
6. Law enforcement committed misconduct, such as by coercing your confession or finding the recording through an unlawful search and seizure.

Additional Reading

For more in-depth information, refer to the following scholarly articles:

• Treatment of Statutes Requiring All-Party Consent to Tape Recording: Judicial Interpretation or Nullification – Criminal Law Bulletin.
• Reassessing Wiretap and Eavesdropping Statutes: Making One-Party Consent the Default – Harvard Law & Policy Review.
• The Consent Problem in Wiretapping & Eavesdropping: Surreptitious Monitoring with the Consent of a Participant in a Conversation – Columbia Law Review.
• Consent to Electronic Surveillance by a Party to a Conversation: A Different Approach – Tulsa Law Journal.

See our related article, Colorado laws on recording in person conversations.

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Legal References

1. 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.
2. See People v. Rivera, (Colo. Supreme Court, 1990) 792 P.2d 786.
3. CRS 18-8-305.
4. CRS 18-9-304 (eavesdropping). CRS 18-9-303 (wiretapping). 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.
5. 18 U.S.C. 2515; 18 U.S.C. 2511.