Considering recording a conversation in Colorado? It is useful to know the law. Colorado is a one-party consent state for audio recordings. In other words, a conversation may be lawfully recorded if at least one participant consents to the recording. A person who is part of the conversation can legally record it without notifying the other participants. With that being said, recording conversations you are not a party to, or intercepting private communications without consent, can expose you to civil liability and potentially even criminal penalties. Here, our Montrose civil litigation attorney explains the key things to know about the law on recording conversations in Colorado.
Colorado is a One-Party Consent State
As explained by the Reporters Committee for Freedom of the Press, Colorado is a one-party consent state. Under the law, audio recording of conversations is allowed as long as one party provides consent. The governing statute is CRS § 18-9-303. It is part of Colorado’s Wiretapping and Eavesdropping Act. The key point is straightforward:
- In Colorado, it is lawful to record a conversation if at least one participant to the communication consents to the recording.
To be clear, consent may be expressed or implied through participation. A person who is a party to the conversation may lawfully record it without informing the other participants. The statute applies to oral, wire, and electronic communications. A participant who records their own phone call, in-person discussion, or electronic exchange generally acts within the law. Colorado does not require advance notice, disclosure, or mutual agreement among all participants.
Note: One-party consent in Colorado does not depend on the purpose of the recording. A recording made for personal protection, documentation, or evidence preservation remains lawful if the statutory requirements are met.
One-Party Consent Does Not Make Eavesdropping Legal
One-party consent requires one party to give express or implied consent. That party could be the recorder himself or herself or it could be any other person who knows that the conversation is being recorded and is fine with it. Colorado law draws a sharp line between recording a conversation you participate in and intercepting a conversation you do not. Under CRS § 18-9-303, it is a crime to knowingly intercept a private communication without consent from at least one party. It is often referred to as “eavesdropping.” IT occurs when a person secretly listens to, records, or transmits communications between others without lawful authorization.
A person who plants a recording device, accesses another person’s phone, or uses surveillance equipment to capture private conversations commits unlawful eavesdropping. The statute applies even if the person later obtains the recording indirectly. The key inquiry is whether the person was a participant in the communication or had consent from a participant at the time of interception. Without consent from at least one person in it, a private conversation should not be recorded.
Know the Penalties: Violations of the eavesdropping statute expose a defendant to criminal penalties as well as civil liability. Colorado law permits civil actions for damages resulting from unlawful interception. Plaintiffs may seek statutory damages, actual damages, and injunctive relief.
What to Know About the Law on Recording in Public
Recording conversations in public spaces presents a separate legal analysis. Colorado law does not prohibit recording conversations in public where no reasonable expectation of privacy exists. Courts assess whether the participants reasonably expected the communication to remain private under the circumstances.
Notably, public streets, parks, restaurants, and open venues often defeat claims of privacy, particularly when conversations occur at normal volume. However, a public location alone does not eliminate privacy protections. A private conversation held quietly in a public setting may still qualify as protected if the circumstances indicate an expectation of privacy.
Special Rules for Law Enforcement: Recording law enforcement officers in public generally falls outside Colorado’s eavesdropping statute, provided the recording does not interfere with official duties. Courts in our state recognize that officers performing public functions have diminished expectations of privacy.
There is a Difference Between Legality of a Recording and Court Admissibility
A useful thing to know about Colorado law is that the legality of the recording does not guarantee admissibility in court. Separate evidentiary rules govern authentication, relevance, and hearsay. If you have questions about the admissibility of a recording in a civil (or criminal) case in Colorado, an experienced attorney can help you navigate the legal process.
Civil Liability Risks for Improper Recording in Colorado
Improper recording exposes individuals to civil liability independent of any criminal charge. Colorado law permits civil actions for unlawful interception of communications. Plaintiffs may recover actual damages, statutory damages, and injunctive relief. Civil exposure often arises in domestic disputes, employment conflicts, and business litigation. Recording a conversation without lawful consent frequently escalates a minor dispute into costly litigation. Even recordings made in good faith can result in liability when consent requirements are not satisfied. Civil courts apply strict statutory standards and do not excuse technical violations. If you have any questions about a civil matter, an experienced Colorado civil law attorney can help.
How The Martin Law Firm Can Help
A recording can be a very important form of evidence in a case, including in criminal cases and civil cases. It is important to understand Colorado law regarding audio and video recordings. No matter the specific situation that you find yourself dealing with, the legal team at The Martin Law Firm is more than ready to help. You can hear what our clients have to say and contact us at our Montrose law office for a strictly confidential, no obligation initial consultation.
Contact Brent Martin Today
At The Martin Law Firm, we are committed to providing solutions-driven guidance and support in civil cases in Colorado. If you have any questions about the laws regarding recorded conversations, please do not hesitate to contact us today for a completely confidential, no obligation case evaluation. With an office in Montrose, we represent clients throughout the region in Colorado.