Colorado Recording Laws

Colorado Recording Law Summary:

Last Updated: January 2025 | Verified against current Colorado Revised Statutes

Quick Answer

Colorado is a one-party consent state. You can legally record your own phone conversations without telling anyone else. If you’re not part of the conversation, you need consent from either the sender or intended receiver of the communication.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	C.R.S. § 18-9-303
Maximum Fine	$750
Maximum Jail Time	120 days (Class 2 misdemeanor)

Our recommended Digital Voice Recorder.

Understanding Colorado’s Recording Laws

The Legal Foundation

Colorado’s wiretapping laws are found in Title 18, Article 9, Part 3 of the Colorado Revised Statutes. The key statute is:

• C.R.S. § 18-9-303 – Wiretapping prohibited

This statute prohibits wiretapping by “any person not a sender or intended receiver” of a communication. This language reflects Colorado’s one-party consent framework – if you’re the sender or receiver, you can legally record.

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 don’t 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 to be recorded.

Recent Changes to Penalties

As of October 1, 2023, Colorado reclassified wiretapping from a more serious offense to a Class 2 misdemeanor under HB 23-1293. This significantly reduced the maximum penalties for illegal recording.

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’re participating in without informing the other party. This applies to:

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

Recording Calls Across State Lines

If you’re 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’re recording calls with people in other states, either inform them or get all-party consent to be safe.

Business Call Recording

Colorado businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Colorado when:

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

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re recording for the purpose of committing or aiding an unlawful act
• You’re tapping lines or installing interception devices

What About Recording in Your Own Home?

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

• Plant a hidden device and leave to record others
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

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 voyeurism laws under C.R.S. § 18-3-404 (Unlawful Sexual Contact) and C.R.S. § 18-7-801 (Invasion of Privacy for Sexual Gratification) that prohibit:

• Recording intimate images without consent
• Recording someone in private places for sexual gratification
• Distributing intimate images without consent (“revenge porn”)

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Colorado employers can generally record in common work areas where employees don’t have a privacy expectation. 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, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

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

Caution: Your employer may have policies against recording. While recording is legal, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Colorado?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Colorado, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

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

Recording Government Meetings

Colorado’s Open Meetings Law (Sunshine Law) 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’re 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 be helpful for:

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

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’re participating in the conversation.

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

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

• Don’t record your children’s private conversations without being present
• Don’t 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 you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

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 may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Colorado

Criminal Penalties (C.R.S. § 18-9-303)

As of October 2023, wiretapping is a Class 2 misdemeanor:

Penalty	Maximum
Jail time	Up to 120 days
Fine	Up to $750

Note: For crimes committed before March 1, 2022, the penalties were 3-12 months in jail and $250-$1,000 in fines.

Additional Violations

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

Civil Liability

Victims of illegal recording may also sue for:

• Invasion of privacy
• Intentional infliction of emotional distress
• Statutory damages under federal wiretapping laws
• Punitive damages in egregious cases

Frequently Asked Questions

Is Colorado a one-party consent state?

Yes. Colorado is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Colorado a two-party consent state?

No. Colorado does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Colorado?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Colorado?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Colorado.

Do I need to tell someone I’m recording in Colorado?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Colorado?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

Can I record in a store or mall in Colorado?

Generally yes for video in public areas, but private businesses can ask you to stop. Audio recording follows one-party consent rules.

What is the penalty for illegal recording in Colorado?

Illegal recording is a Class 2 misdemeanor, punishable by up to 120 days in jail and up to $750 in fines (as of October 2023).

Can recordings be used in divorce court in Colorado?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does Colorado have hidden camera laws?

Yes. Colorado prohibits recording intimate images without consent and invasion of privacy for sexual gratification under various statutes.

Related Colorado Laws

• Colorado Car Seat Laws
• Colorado Child Support Laws
• Colorado Hit and Run Laws
• Colorado Lemon Law
• Colorado Sexting Laws
• Colorado Statute of Limitations
• Colorado Whistleblower Laws

Sources and Legal References

Source	Link
C.R.S. § 18-9-303 – Wiretapping Prohibited	Colorado Public Law
Colorado Recording Laws – Justia	Justia
Class 2 Misdemeanor Penalties	Colorado General Assembly

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Colorado attorney.

---

One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent. Cannot video record in places with reasonable expectation of privacy.	Ala. Code § 13A-11-30
Alaska	One-party consent. Eavesdropping statute applies only to third-party interceptions.	AS 42.20.310
Arizona	One-party consent. Violations are felonies. Telephone line owners may record calls.	ARS 13-3005
Arkansas	One-party consent for private conversations. No consent needed in public places.	Ark. Code § 5-60-120
Colorado	One-party consent. Recording allowed without consent in public places.	C.R.S. § 18-9-303
District of Columbia	One-party consent. Recording allowed without consent where no privacy expectation.	D.C. Code § 23-542
Georgia	One-party consent. Parents may intercept their children’s communications.	Ga. Code Ann. § 16-11-66
Hawaii	One-party consent for wire, oral, and electronic communications.	Haw. Rev. Stat. § 803-42
Idaho	One-party consent for all communication types.	Idaho Code Ann. § 18-6702
Indiana	One-party consent. Applies to wire communications, text messages, and emails.	Ind. Code Ann. § 35-31.5-2-176
Iowa	One-party consent if recording made without criminal intent.	Iowa Code Ann. § 808B.2
Kansas	One-party consent. Hidden camera law forbids recording/disclosure of intercepted images.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent. Voyeurism laws forbid illegally obtained images.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent. Video voyeurism laws apply.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent unless conversation is audible by normal hearing.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent if no criminal intent. Hidden camera laws apply.	Minn. Stat. § 626A.02
Mississippi	One-party consent if no criminal intent. Hidden camera laws apply.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent for electronic communications.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent. Public electronic communications may be recorded.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone communications.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent. Public electronic communications may be recorded.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent for all communications.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent. Recording without consent allowed if party to conversation.	N.Y. Penal Law § 250.00
North Carolina	One-party consent for all communications.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent. Recording allowed with one party’s knowledge.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent for oral and electronic communications.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent. Recording allowed if party to conversation.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent for all communications.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent. Can record conversations you participate in.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent for all communications.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent. Must be party to conversation or have consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent. Can record if party to communication.	Tex. Penal Code § 16.02
Utah	One-party consent for all communications.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent based on case law (no specific statute).	Case law
Virginia	One-party consent. Recording allowed if party to conversation.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent for all communications.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent. Can record if party to conversation.	Wis. Stat. § 968.31
Wyoming	One-party consent for all communications.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.