Can I legally record a phone call or conversation in Colorado?

Colorado's wiretap and eavesdropping statutes distinguish between phone/electronic communications and in-person conversations.

1. Consent Rule

Colo. Rev. Stat. § 18-9-303 (wiretapping) and § 18-9-304 (eavesdropping) each require consent of at least one party. § 18-9-304(1)(a) exempts "the sender or receiver of a telephone or telegraph communication" or any person openly present and participating in or listening to a communication — making Colorado a one-party consent state.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 matches Colorado's one-party standard.

3. In-Person vs Electronic

Different statutes apply. Wiretapping (§ 18-9-303) covers phone and electronic interception. Eavesdropping (§ 18-9-304) covers in-person conversations where the parties have a reasonable expectation of privacy. Both follow one-party consent.

4. Cross-Border Calls

When the other party is in an all-party state, courts often apply the stricter state's law. Coloradans should disclose recording when calling CA, FL, IL, MA, MD, PA, or WA parties.

5. Criminal Penalties

Wiretapping under § 18-9-303 is a Class 6 felony — 1 year to 18 months prison and up to $100,000 fine. Eavesdropping under § 18-9-304 is a Class 1 misdemeanor — up to 364 days jail and $1,000 fine.

6. Civil Liability

Federal 18 U.S.C. § 2520 provides $10,000 or $100/day plus punitive damages and attorney fees. Colorado common-law invasion of privacy claims may also apply.

7. Exceptions

Party consent or consent of one party; law enforcement under court order under § 16-15-101 et seq.; service provider monitoring; emergency response; police body-worn cameras; FCC-authorized interception.

8. Video / Surveillance

Colo. Rev. Stat. § 18-3-405.6 (invasion of privacy for sexual gratification) and § 18-7-801 (criminal invasion of privacy) cover covert video recording of intimate areas — Class 1 misdemeanor or Class 6 felony.

This is legal information, not legal advice.