Colorado is a one-party consent state. You may record a conversation you are part of, and you may record a conversation if at least one participant agrees. What Colorado makes a crime is recording or listening in on a conversation or phone call you are not part of when no participant has agreed. That is eavesdropping or wiretapping, a class 2 misdemeanor. Secretly photographing or filming another person’s intimate parts where they expect privacy is a separate crime. Federal law follows the same one-party rule and lets a victim of illegal interception sue.
Key Takeaways
- Colorado’s one-party consent rule makes a recording lawful if you are a participant in the conversation or at least one participant consents.
- Recording a conversation or call you are not part of, without any participant’s consent, is eavesdropping or wiretapping, a class 2 misdemeanor punishable by up to 120 days in jail, a $750 fine, or both.
- Knowingly using or sharing a recording you know was made illegally is also a crime.
- A business may use recording devices on its own premises for security or business purposes only if reasonable notice is given to the public.
- Photographing or filming another person’s intimate parts without consent, where they have a reasonable expectation of privacy, is a separate crime.
What Colorado Law Provides
- Eavesdropping, C.R.S. 18-9-304. A person who is not visibly present during a conversation commits eavesdropping by knowingly overhearing or recording it “without the consent of at least one of the principal parties thereto.” It is also eavesdropping to record a conversation in order to commit or help commit an unlawful act, or to knowingly use or share its contents while knowing or having reason to know they were obtained illegally. Eavesdropping is a class 2 misdemeanor.
- Wiretapping, C.R.S. 18-9-303. A person who is not a sender or intended receiver of a telephone, telegraph, or electronic communication commits wiretapping by knowingly overhearing, reading, copying, or recording it without the consent of either the sender or the receiver. The same unlawful-purpose and use-or-disclosure rules apply. Wiretapping is a class 2 misdemeanor.
- The penalty, C.R.S. 18-1.3-501. For offenses committed on or after March 1, 2022, a class 2 misdemeanor carries up to 120 days in jail, a fine of up to $750, or both.
- Eavesdropping devices, C.R.S. 18-9-302. Making, buying, selling, or knowingly possessing a device designed or commonly used for wiretapping or eavesdropping, with intent to use it unlawfully, is a petty offense. A petty offense carries up to 10 days in jail, a fine of up to $300, or both (C.R.S. 18-1.3-503).
- Exceptions, C.R.S. 18-9-305. The eavesdropping and wiretapping laws do not apply to news media covering a public and newsworthy event, to a person using recording devices on their own premises for security or business purposes “if reasonable notice of the use of such devices is given to the public,” or to phone companies doing their normal work. These exceptions are affirmative defenses.
- Law enforcement, C.R.S. 16-15-102. Colorado officers need prior court authorization to wiretap or eavesdrop. A judge may issue the order when the attorney general or a district attorney applies and shows probable cause relating to certain listed crimes. The only exception is an emergency interception of up to 24 hours in hostage, kidnapping, or armed barricade situations.
- Photographs and video, C.R.S. 18-7-801 and C.R.S. 18-3-405.6. Knowingly observing or photographing another person’s intimate parts without consent, where that person has a reasonable expectation of privacy, is criminal invasion of privacy, a class 2 misdemeanor. “Photograph” includes video and a live feed. Doing it for sexual gratification is a class 1 misdemeanor, or a class 6 felony in the circumstances described below.
- Federal law, 18 U.S.C. 2511(2)(d) and 18 U.S.C. 2520. Federal law also allows a private person to record a communication they are part of, or one where a party gave prior consent, unless the recording is made to commit a criminal or tortious act. A person whose communication is intercepted in violation of federal law can sue for damages.
Understanding Colorado’s Consent Requirements
Colorado requires the consent of one participant, not all of them. The eavesdropping statute applies only to a person who is not visibly present during the conversation. The wiretapping statute applies only to a person who is not a sender or intended receiver of the call or message. A participant is outside both statutes. An outsider may record only with the consent of at least one participant.
The statute’s test is consent. In a conversation among several people, the words “at least one of the principal parties” mean one participant’s consent is enough.
Consent does not cover everything. An outsider who records a conversation or call in order to commit or help commit an unlawful act commits the offense under C.R.S. 18-9-304(1)(b) or C.R.S. 18-9-303(1)(b). Those subsections do not mention consent.
The Difference Between Audio and Video Recording Laws
The eavesdropping and wiretapping statutes cover conversations and communications: what people say, and what they send by phone or electronically. They do not address silent video.
Video is governed by different statutes. Taking video in a public place is not, by itself, a crime under any statute discussed on this page. Video becomes a crime under C.R.S. 18-7-801 when it captures another person’s intimate parts without consent, where that person has a reasonable expectation of privacy. If a video also captures the sound of a conversation, the eavesdropping and wiretapping rules apply to that audio.
Public vs. Private Spaces: Where Can You Record?
For audio, the eavesdropping statute does not turn on location. It turns on whether you are a participant or are visibly present, and on whether a participant consented. The statute’s text contains no exception for public places. Location matters mainly for the video privacy crimes, which apply only where the person has a reasonable expectation of privacy.
| Situation | What Colorado Law Says |
|---|---|
| You are a participant in the conversation, anywhere | Not eavesdropping or wiretapping |
| You are not part of the conversation and no participant consented | Eavesdropping or wiretapping, a class 2 misdemeanor |
| A participant consents to your recording | Allowed, unless the purpose is to commit an unlawful act |
| Recording devices on your own premises for security or business | Allowed if reasonable notice is given to the public |
| Photographing or filming intimate parts where the person expects privacy | Criminal invasion of privacy, or invasion of privacy for sexual gratification |
Federal law can also apply to the same recording. It is covered below.
Legal Exceptions to Recording Without Consent
Consent from a participant is not an exception. It is the basic rule. The exceptions in C.R.S. 18-9-305 cover conduct that would otherwise be a crime:
- News media using their normal equipment to report on a public and newsworthy event.
- A person using recording devices on their own premises for security or business purposes, if reasonable notice is given to the public.
- Phone and communication companies doing the work needed to provide and protect their service.
- Listening to radio communications and electronic communications that are readily accessible to the general public.
Law enforcement has no general exception. Colorado officers may not wiretap or eavesdrop without prior authorization from a court under C.R.S. 16-15-102, except for a 24-hour emergency interception in hostage, kidnapping, or armed barricade situations.
There is no separate exception for recording abuse or threats. A person who is a participant in the conversation, however, may already record it under the one-party rule.
Implications for Businesses and Employers
The same rules apply to businesses. An employer that is not a participant in a conversation needs a participant’s consent to record it, unless the recording falls within the premises exception in C.R.S. 18-9-305(1).
Employee Surveillance Policies
The premises exception allows a business to use recording devices on its own premises for security or business purposes if reasonable notice is given to the public. A posted notice and a written policy are the practical ways to show that notice was given. The exceptions in 18-9-305 are affirmative defenses.
Cameras that capture another person’s intimate parts where they expect privacy raise separate criminal issues under C.R.S. 18-7-801. Other employment laws may also govern workplace monitoring. This page does not cover them.
Legal Consequences for Violations
A business owner or employee who records a conversation illegally faces the same criminal exposure as anyone else: a class 2 misdemeanor, with up to 120 days in jail, a fine of up to $750, or both. Under federal law, a person whose communication is intercepted in violation of federal wiretap law may sue the person or entity responsible (18 U.S.C. 2520(a)).
Potential Consequences of Illegal Recordings
Illegal eavesdropping or wiretapping in Colorado is a class 2 misdemeanor, punishable by up to 120 days in jail, a fine of up to $750, or both. A victim may also be able to sue under federal law.
Legal Penalties Incurred
Recording a conversation is not a crime in Colorado merely because some participants did not agree. The crime is recording as an outsider without the consent of any participant, or using or sharing a recording you know was made that way. Eavesdropping and wiretapping are each a class 2 misdemeanor. Possessing a device designed for eavesdropping, with intent to use it unlawfully, is a petty offense. Knowingly using or disclosing information obtained under a court-ordered wiretap in a way the law does not allow is a class 6 felony (C.R.S. 18-9-310).
A felony enhancement is sometimes described as applying to recording, but it belongs to a different crime. Invasion of privacy for sexual gratification under C.R.S. 18-3-405.6 involves observing or photographing another person’s intimate parts. It is normally a class 1 misdemeanor. It becomes a class 6 felony if the person has a prior conviction for unlawful sexual behavior, or if the person photographed was under fifteen years of age, unless the defendant is less than four years older. The felony version is an extraordinary risk crime, which raises the top of the class 6 felony sentencing range by six months (C.R.S. 18-1.3-401(10)).
Civil Liability Issues
Federal law gives a right to sue. Under 18 U.S.C. 2520, a person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of federal wiretap law may bring a civil action. Federal law, like Colorado law, allows recording with one party’s consent, so a lawful one-party recording is not a basis for this lawsuit unless it was made to commit a criminal or tortious act.
Other civil claims under state law may be possible. This page does not address them.
| Aspect | Details (18 U.S.C. 2520) |
|---|---|
| Damages | Actual damages plus the violator's profits, or statutory damages of $100 a day for each day of violation or $10,000, whichever is greater |
| Punitive Damages | Available in appropriate cases |
| Legal Costs | A reasonable attorney's fee and other litigation costs |
| Court Orders | Equitable or declaratory relief as appropriate |
Privacy Violation Consequences
Two kinds of conduct carry the most risk. The first is sharing. Knowingly using or disclosing the contents of a conversation or call, while knowing or having reason to know it was recorded illegally, is itself eavesdropping or wiretapping, even if someone else made the recording.
The second is images. Knowingly observing or photographing another person’s intimate parts without consent, where that person has a reasonable expectation of privacy, is criminal invasion of privacy under C.R.S. 18-7-801. If it is done for sexual gratification, it is charged under C.R.S. 18-3-405.6 instead, which carries higher penalties.
The Role of Intent in Recording Situations
Intent matters in the statutes’ own words. Each offense is defined by what the person knew or intended.
| Conduct | Where the Law Addresses It |
|---|---|
| Knowingly recording, as an outsider, without any participant's consent | C.R.S. 18-9-303(1)(a) and 18-9-304(1)(a) |
| Intentionally recording, as an outsider, to commit or help commit an unlawful act | C.R.S. 18-9-303(1)(b) and 18-9-304(1)(b) |
| Knowingly using or sharing a recording you know was made illegally | C.R.S. 18-9-303(1)(c) and 18-9-304(1)(c) |
| Photographing intimate parts for sexual gratification | C.R.S. 18-3-405.6 |
Recording an outsider’s conversation in order to commit an unlawful act, such as harassment, is eavesdropping under 18-9-304(1)(b). The statutes do not contain an exception for a good motive, such as gathering evidence of wrongdoing. An outsider who records without any participant’s consent commits the offense even with a good reason.
How to Protect Yourself Legally When Recording
- Be a Participant or Have Consent: Record only conversations you are part of, or ones where at least one participant has agreed to the recording.
- Stay Informed on Laws: Review Colorado’s recording laws before relying on them, because statutes are amended.
- Keep a Record of Consent: If you rely on another participant’s consent, get it in writing or on the recording itself.
- Do Not Keep Eavesdropping Devices for Unlawful Use: Possessing a device designed or commonly used for eavesdropping, with intent to use it unlawfully, is a petty offense under C.R.S. 18-9-302.
- Do Not Share a Recording You Suspect Was Made Illegally: Using or disclosing it can be a crime even if you did not make it.
Best Practices for Complying With Colorado Recording Laws
Start with the one-party rule. A recording is lawful under Colorado’s eavesdropping and wiretapping statutes if you are a participant or at least one participant consents.
Telling others you are recording is not required by the one-party rule. Doing so anyway can prevent disputes.
If you rely on someone else’s consent, keep proof of it, whether a written note or the person’s agreement captured at the start of the recording. Businesses that record sound on their premises should post notice, because the premises exception depends on reasonable notice to the public. Statutes are amended from time to time, so check the current law before relying on it.
Frequently Asked Questions
Can I Record a Conversation if One Party Is Aware?
In Colorado, the test is consent, not awareness. You may record a conversation you are part of. If you are not part of it, you may record it only if at least one participant consents, and not in order to commit an unlawful act. Federal law follows the same one-party rule under 18 U.S.C. 2511(2)(d). This page covers only Colorado and federal law.
What Should I Do if I Accidentally Record Without Consent?
The eavesdropping and wiretapping statutes describe conduct done knowingly or intentionally, so a truly accidental recording is not what they target. Knowingly using or sharing the contents of a recording you know or have reason to know was made illegally is a separate offense. Talk to a lawyer before sharing or using such a recording.
Are There Exemptions for Law Enforcement Recording Without Consent?
Not a general one. Under C.R.S. 18-9-305(4), Colorado officers may not wiretap or eavesdrop without prior authorization from a court. The court order process is in C.R.S. 16-15-102. The only exception is an emergency interception of up to 24 hours, by an officer designated by the attorney general or a district attorney, in hostage, kidnapping, or armed barricade situations.
How Can I Prove I Had Consent to Record?
If you were a participant in the conversation, you do not need anyone else’s consent under Colorado law. If you relied on another participant’s consent, the best proof is that person’s written agreement or their agreement captured at the start of the recording.
What Penalties Exist for First-Time Offenders of Recording Laws?
Eavesdropping and wiretapping are each a class 2 misdemeanor in Colorado, punishable by up to 120 days in jail, a fine of up to $750, or both. The statutes do not set a separate penalty for a first offense. Possessing an eavesdropping device with intent to use it unlawfully is a petty offense, punishable by up to 10 days in jail, a fine of up to $300, or both.