Colorado Recording Laws: Consent Rules and Penalties

Quick Answer

Colorado is a one-party consent state. You can legally record your own phone calls and in-person conversations without telling the other participants. If you are not part of the conversation, you need consent from at least one party to record it legally.

Key Point	Details
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Wiretapping Statute	C.R.S. 18-9-303
Eavesdropping Statute	C.R.S. 18-9-304
Wiretapping Penalty	Class 6 felony (1 to 18 months prison, $1,000 to $100,000 fine)
Eavesdropping Penalty	Class 2 misdemeanor (up to 120 days jail, up to $750 fine)

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Understanding Colorado's Recording Laws

The Legal Foundation

Colorado's recording laws fall under Title 18, Article 9, Part 3 of the Colorado Revised Statutes. Two primary statutes govern conversation recording:

• C.R.S. 18-9-303: Wiretapping prohibited (covers phone, telegraph, and electronic communications)
• C.R.S. 18-9-304: Eavesdropping prohibited (covers in-person conversations)

C.R.S. 18-9-303 prohibits wiretapping by "any person not a sender or intended receiver" of a telephone, telegraph, or electronic communication. This language establishes Colorado's one-party consent framework. If you are the sender or receiver, you can legally record.

C.R.S. 18-9-304 similarly prohibits a person "not visibly present" during a conversation from knowingly overhearing or recording that conversation without at least one party's consent.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Colorado, only one person in the conversation needs to know about and consent to the recording. That person can be you. You do not need to announce "this call is being recorded" or get anyone else's permission.

In contrast, two-party (or all-party) consent states like California and Florida require everyone in the conversation to agree before recording can begin.

Wiretapping vs. Eavesdropping: An Important Distinction

Colorado treats wiretapping and eavesdropping as separate offenses with different penalties:

• Wiretapping (C.R.S. 18-9-303) applies to telephone, telegraph, and electronic communications. It is a Class 6 felony, carrying 1 to 18 months in prison and fines of $1,000 to $100,000. An exception exists for cordless telephone wiretapping, which is a Class 2 misdemeanor (up to 120 days jail, up to $750 fine).

• Eavesdropping (C.R.S. 18-9-304) applies to in-person conversations. It is a Class 2 misdemeanor, punishable by up to 120 days in jail and a fine of up to $750.

This distinction matters. Illegally recording a phone call carries much heavier consequences than illegally recording an in-person conversation.

Recent Legislative Changes

Several recent laws have changed Colorado's recording landscape:

• SB 21-271 (effective March 1, 2022): Reclassified cordless telephone wiretapping from a Class 1 misdemeanor to a Class 2 misdemeanor.
• HB 23-1293 (effective October 1, 2023): Part of broader criminal sentencing reforms based on the Felony Sentencing Commission's recommendations. Reclassified possession of eavesdropping devices (C.R.S. 18-9-302) from a Class 2 misdemeanor to a petty offense.
• HB 24-1130 (effective July 1, 2025): Amended the Colorado Privacy Act to require separate, informed consent before collecting biometric data, including voiceprints and facial geometry extracted from recordings.

Recording Phone Calls in Colorado

Can You Record Phone Calls in Colorado?

Yes. Under C.R.S. 18-9-303, you can record any phone call you participate in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls with audio

Recording Calls Across State Lines

If you are in Colorado calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you record calls with people in other states, either inform them or get all-party consent to stay safe.

Business Call Recording

Colorado businesses can record calls for quality assurance, training, or compliance purposes. Common methods of obtaining consent include:

• Verbal consent before the call begins
• A recorded announcement ("This call may be recorded for quality purposes")
• A periodic beep tone during the call

While Colorado law does not require these notices for a participating party, many businesses use them as a best practice, especially when callers may be in two-party consent states.

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Colorado when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It is illegal to record conversations when:

• You are not visibly present during the conversation and do not have consent from at least one party (C.R.S. 18-9-304)
• You record for the purpose of committing or aiding an unlawful act (C.R.S. 18-9-303(1)(b))
• You tap lines or install interception devices without authorization

What About Recording in Your Own Home?

You can record conversations in your own home if you are participating. However, you cannot:

• Plant a hidden device and leave to record others without their knowledge
• Record guests in areas where they have a reasonable expectation of privacy (bathrooms, guest bedrooms)
• Record intimate activities without consent, which may violate C.R.S. 18-7-801 (Criminal Invasion of Privacy)

Colorado Video Recording Laws

Public Spaces

Colorado has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property

On private property, the property owner sets the rules. Colorado also has specific privacy statutes that prohibit certain types of video recording:

• C.R.S. 18-7-801 (Criminal Invasion of Privacy): Prohibits knowingly observing or photographing another person's intimate parts without consent where the person has a reasonable expectation of privacy. This is a Class 2 misdemeanor.
• C.R.S. 18-3-405.6 (Invasion of Privacy for Sexual Gratification): A more serious offense when recording is done for sexual gratification. This is a Class 1 misdemeanor, or a Class 6 felony if the victim is under 15 or the offender has prior convictions for unlawful sexual behavior.

Colorado also prohibits distributing intimate images without consent under its "revenge porn" laws.

If you record someone's likeness for business purposes, you should get proper consent by having them fill out a photo or video consent form.

Colorado Division of Real Estate Guidance on Surveillance

The Colorado Division of Real Estate has issued guidance on audio and video surveillance in properties. Property managers and landlords who use security cameras should provide reasonable notice to tenants and visitors. Audio recording in rental properties raises additional one-party consent concerns.

Recording in the Workplace

Can Your Employer Record You?

Colorado employers can generally record in common work areas where employees do not have a reasonable expectation of privacy. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR representatives, coworkers, or anyone else at work, as long as you are part of the conversation. This can help with:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in workplace disputes
• Preserving important verbal instructions

Caution: Your employer may have internal policies against recording. While recording is legal under state law, violating company policy could result in disciplinary action or termination.

Biometric Data in the Workplace (Effective July 2025)

Under HB 24-1130, employers who collect biometric identifiers (fingerprints, facial scans, voiceprints) must obtain separate, informed consent. Employers may require biometric consent as a condition of employment only for limited purposes, such as access to secure locations, recording the start and end of a workday, or monitoring workplace safety.

Recording Police and Government Officials

Can You Record Police Officers in Colorado?

Yes. Colorado law specifically protects your right to record police. Under C.R.S. 16-3-311, you have the right to lawfully record any incident involving a peace officer and to maintain custody and control of that recording and the recording device.

The Tenth Circuit Court of Appeals has also ruled that recording police performing their duties in public is protected under the First Amendment.

Your protections under C.R.S. 16-3-311:

• Officers cannot seize your recording or device without your consent, a search warrant, or a subpoena
• Officers can temporarily seize a device for up to 72 hours only when exigent circumstances require it to save a life or prevent destruction of evidence
• If an officer unlawfully seizes or destroys your recording, you can file a civil lawsuit and recover $500 per damaged recording, replacement value of the device, attorney's fees, and punitive damages

Important limitations:

• Do not interfere with police operations
• Do not trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Do not obstruct the officer's duties

Recording Government Meetings

Colorado's Open Meetings Law, also known as the Sunshine Law (C.R.S. 24-6-402), generally allows recording of public government meetings. You can record:

• City council meetings
• School board meetings
• County commissioner meetings
• Public hearings

Specific Situations

Can I Record My Landlord in Colorado?

Yes, if you are part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Colorado?

Yes, you can record medical appointments you attend. This can help with:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Keeping a record of diagnoses
• Sharing information with family caregivers

Note that the medical facility may have its own policies about recording. While your recording is legal under Colorado law, a private facility could ask you to stop or leave.

Can I Record CPS Workers?

Yes. Child Protective Services workers are government employees, and you can record your interactions with them as long as you are participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However:

• Do not record your children's private conversations without being present
• Do not use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Colorado?

Yes. Dashcams are legal in Colorado. There are no specific laws restricting their use, but keep these points in mind:

• Mount the camera so it does not obstruct your view
• Audio recording inside the vehicle follows one-party consent rules
• Check if your insurance offers dashcam discounts

Exceptions to Colorado Recording Laws

C.R.S. 18-9-305 provides specific exceptions to the wiretapping and eavesdropping prohibitions:

• News agencies may use standard tools and equipment of their medium to report on public and newsworthy events without violating C.R.S. 18-9-302 through 18-9-304
• Law enforcement officers may listen to recordings or read transcriptions of electronic communications involving a cordless telephone when they come into possession of the materials from a third party
• Good faith reliance on a court order or the provisions of C.R.S. Title 16, Article 15 constitutes a complete defense to any criminal action under these statutes

Using Recordings as Evidence in Colorado

Are Recordings Admissible in Court?

Recordings made legally under Colorado's one-party consent law are generally admissible as evidence. However, courts will consider:

• Authentication: Can you prove the recording is genuine and unaltered?
• Relevance: Does the recording relate to the issues in the case?
• Hearsay rules: Some recorded statements may be excluded under hearsay objections
• Prejudicial vs. probative value: Does the recording unfairly influence the jury compared to its evidentiary value?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible under the exclusionary rule
• Civil cases: Rules can be more flexible, but courts may still exclude illegally obtained evidence

Penalties for Illegal Recording in Colorado

Wiretapping Penalties (C.R.S. 18-9-303)

Offense	Classification	Jail/Prison	Fine
Wiretapping (general)	Class 6 felony	1 to 18 months prison	$1,000 to $100,000
Cordless telephone wiretapping	Class 2 misdemeanor	Up to 120 days jail	Up to $750

Eavesdropping Penalties (C.R.S. 18-9-304)

Offense	Classification	Jail	Fine
Eavesdropping	Class 2 misdemeanor	Up to 120 days	Up to $750

Eavesdropping Device Possession (C.R.S. 18-9-302)

Possessing wiretapping or eavesdropping devices with intent to use them unlawfully is a petty offense (reclassified from a Class 2 misdemeanor by HB 23-1293, effective October 1, 2023).

Additional Prohibited Conduct

C.R.S. 18-9-303 also prohibits:

• Recording communications for the purpose of committing unlawful acts
• Knowingly using or disclosing illegally obtained communications
• Tapping lines or installing interception devices without authorization

Civil Liability

Victims of illegal recording may also pursue civil claims for:

• Invasion of privacy
• Intentional infliction of emotional distress
• Statutory damages under federal wiretapping laws (18 U.S.C. 2511)
• Punitive damages in egregious cases

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