Colorado Video Recording Laws: What Is Legal and What Is Not

Colorado permits video recording in public spaces where no reasonable expectation of privacy exists. Video-only recordings do not trigger the wiretapping statute (C.R.S. 18-9-303), but adding audio activates one-party consent rules. Recording intimate parts without consent in private settings is a Class 2 misdemeanor under C.R.S. 18-7-801.

Quick Answer

Video recording in Colorado is broadly legal in public spaces and on your own property. There is no single Colorado statute that governs all video recording. Instead, several laws work together: C.R.S. 18-7-801 (Criminal Invasion of Privacy), C.R.S. 18-3-405.6 (Invasion of Privacy for Sexual Gratification), and the Colorado Privacy Act as amended by HB 24-1130 for biometric data.

The key distinction is between video-only and video-with-audio recording. Pure video does not implicate Colorado's wiretapping laws. Once audio is added, the one-party consent framework under C.R.S. 18-9-303 and C.R.S. 18-9-304 applies to the audio component.

Video Recording in Public Spaces

Your Right to Film in Public

Colorado does not prohibit video recording in public spaces. You have the legal right to film:

• Public streets, sidewalks, and parks
• Government buildings (exterior and publicly accessible interior areas)
• Public transportation stations and platforms
• Protests, demonstrations, and rallies
• Public meetings and government proceedings
• Storefronts and businesses visible from public property
• Scenic locations, landmarks, and public events

The legal basis for public filming rests on the principle that there is no reasonable expectation of privacy in public spaces. People walking on a public sidewalk or attending a public event cannot claim a privacy violation when someone films them.

First Amendment Protections

The Tenth Circuit Court of Appeals, which covers Colorado, has recognized that recording in public spaces is protected under the First Amendment. This protection extends to:

• Filming police officers performing their duties (see our Colorado Laws on Recording Police page)
• Recording public officials conducting government business
• Documenting events of public interest
• Journalism and news gathering

Limitations on Public Video Recording

While public video recording is broadly permitted, certain restrictions apply:

• You cannot trespass on private property to obtain a better filming angle
• Some government facilities (military bases, courthouses, certain secure areas) restrict photography and video
• Recording in areas marked with "no photography" signs on private property requires compliance if you are on that property as a guest or customer
• Video recording for the purpose of harassment or stalking may violate Colorado's harassment statute (C.R.S. 18-9-111)

Video Recording on Private Property

Property Owner Rights

Property owners in Colorado have broad authority to set rules about video recording on their premises. A business, homeowner, or other property owner can:

• Prohibit all photography and video recording
• Restrict recording to certain areas
• Require consent before filming
• Ask people to stop recording or leave the premises

If you refuse to comply with a property owner's recording rules, you can be asked to leave. Failure to leave after being asked constitutes trespassing under C.R.S. 18-4-504.

Recording in Your Own Home

You can install video cameras inside and outside your own home. However, privacy limitations still apply:

• You cannot record guests in areas where they have a reasonable expectation of privacy (bathrooms, guest bedrooms where they are changing)
• Recording intimate activities without consent violates C.R.S. 18-7-801
• Security cameras aimed at your property are legal; cameras deliberately angled to record inside a neighbor's private spaces may create legal problems

Rental Properties

The Colorado Division of Real Estate has issued guidance on surveillance in rental properties. Landlords who install security cameras should:

• Provide reasonable notice to tenants about camera locations
• Avoid placing cameras where tenants have a reasonable expectation of privacy
• Never record audio without complying with one-party consent rules
• Disclose existing surveillance systems before lease signing

For more details, see our Colorado Landlord-Tenant Recording Laws page.

Criminal Invasion of Privacy: C.R.S. 18-7-801

What the Statute Prohibits

C.R.S. 18-7-801 (Criminal Invasion of Privacy) prohibits knowingly observing or photographing another person's intimate parts without consent in a situation where the person has a reasonable expectation of privacy. This statute targets:

• Hidden cameras in bathrooms, locker rooms, or changing areas
• "Upskirting" or similar covert recording of intimate body areas
• Filming through windows into private spaces
• Peepholes, hidden cameras, or other devices used to observe undressing

Penalties

Criminal Invasion of Privacy under C.R.S. 18-7-801 is a Class 2 misdemeanor, punishable by:

• Up to 120 days in jail
• A fine of up to $750
• Possible sex offender registration requirements depending on the circumstances

Reasonable Expectation of Privacy

The statute hinges on whether the person recorded had a "reasonable expectation of privacy." Courts consider:

• The location (bathroom, bedroom, dressing room versus public street)
• Whether the person took steps to ensure privacy (closed door, drawn curtains)
• Whether the area is generally understood to be private
• Whether other people could ordinarily see into the space

Invasion of Privacy for Sexual Gratification: C.R.S. 18-3-405.6

Enhanced Penalties for Sexual Motivation

C.R.S. 18-3-405.6 provides enhanced penalties when invasive video recording is done for the purpose of sexual gratification. This statute covers the same types of recording as C.R.S. 18-7-801 but adds the element of sexual motivation.

Penalty Structure

Convictions under this statute carry mandatory sex offender registration requirements.

Video Recording and Audio: When Wiretapping Laws Apply

The Video-Only vs. Video-Plus-Audio Distinction

Colorado's wiretapping statute (C.R.S. 18-9-303) and eavesdropping statute (C.R.S. 18-9-304) apply only to the interception of communications. Silent video recording does not intercept a communication, so it does not trigger these statutes.

Once you add audio recording, the analysis changes:

• Video only: No wiretapping/eavesdropping issue. Privacy statutes (C.R.S. 18-7-801, 18-3-405.6) still apply in private settings.
• Video with audio: The audio component must comply with one-party consent. You must be a participant in any conversation captured by the audio, or you need consent from at least one participant.

This distinction is critical for security cameras, dashcams, body cameras, and any other device that can record both video and sound.

Practical Implications

A security camera in a retail store that records video only does not require customer consent. The same camera with a microphone that captures conversations creates a wiretapping concern unless the store provides notice or an employee is participating in the recorded conversations.

For more on security camera rules, see our Colorado Security Camera Laws page.

HB 24-1130: Biometric Data from Video Recordings

What the Law Requires

HB 24-1130 (effective July 1, 2025) amended the Colorado Privacy Act to require separate, informed consent before collecting biometric identifiers. When video recordings are used to extract biometric data, this law applies.

Biometric identifiers covered by HB 24-1130 include:

• Facial geometry captured by cameras with facial recognition capabilities
• Gait analysis from video surveillance systems
• Iris or retina scans from specialized cameras
• Other physical characteristics that can uniquely identify a person

Impact on Video Surveillance

Businesses and employers using video surveillance systems with biometric capabilities must:

• Obtain separate written consent before processing biometric identifiers
• Disclose the purpose of biometric data collection
• Explain how biometric data will be stored and protected
• Provide a retention schedule and destruction timeline

A standard security camera that records video without biometric processing does not trigger HB 24-1130. The law applies only when the video recording is used to extract and process biometric identifiers.

Employer Obligations

Employers who use video systems with facial recognition or other biometric capabilities in the workplace must comply with HB 24-1130's consent requirements. Employers may require biometric consent as a condition of employment only for limited purposes:

• Controlling access to secure locations
• Recording the start and end of a workday
• Monitoring workplace safety

The Colorado Attorney General enforces HB 24-1130 violations under the Colorado Privacy Act. See our Colorado Workplace Recording Laws page for more workplace-specific details.

Revenge Porn and Non-Consensual Intimate Images

Colorado's Revenge Porn Law

Colorado criminalizes the distribution of intimate images without consent under C.R.S. 18-7-107 (Posting a Private Image for Harassment). This statute makes it a Class 1 misdemeanor to post or distribute intimate images of another person without their consent, with intent to harass.

Penalties include up to 364 days in jail and fines of up to $1,000, plus an additional fine of up to $10,000 that the court must impose on top of any other sentence. The offense becomes a Class 6 felony if the disclosure posed an imminent and serious threat to the depicted individual's safety or the safety of their immediate family.

SB 25-288 (active August 6, 2025) significantly expanded this statute. The law now expressly covers AI-generated and digitally altered intimate imagery, closing the gap for deepfake content that was never a real recording. It also created a standalone civil cause of action (C.R.S. 13-21-1501 to -1507) letting a plaintiff elect actual damages or a $150,000 liquidated-damages award, plus exemplary damages and attorney fees. That civil action reaches only AI-generated or digitally altered intimate depictions; its definition excludes a real image captured without further editing, so it does not extend to a genuine, unaltered nonconsensual photo.

Civil Remedies

Victims of non-consensual intimate image distribution can also pursue civil remedies including:

• Injunctive relief (court orders to remove images)
• Actual and compensatory damages
• Attorney fees and costs

Video Consent Forms

If you record someone's likeness for business, commercial, or publication purposes, you should obtain proper consent through a photo or video consent form. While Colorado's one-party consent law covers the audio component and privacy statutes address hidden recording, commercial use of someone's likeness raises additional legal considerations including:

• Right of publicity claims
• Model release requirements
• Commercial use versus editorial use distinctions

Penalties Summary

More Colorado Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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