Denver, CO Privacy & Surveillance: Recording & Consent Laws (2026)
Key Facts
- Consent Type
- One-party consent
- Statute
- CRS 18-9-303
- Eavesdropping
- Class 6 felony
- Cross-State
- Stricter state's law may apply
Summary
Colorado is a one-party consent state under CRS 18-9-303. Only one participant in a conversation needs to consent to recording. Eavesdropping on conversations without any party's consent is a class 6 felony.
18-9-304. Eavesdropping prohibited - penalty. (1) Any person not visibly present during a conversation or discussion commits eavesdropping if he: (a) Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or (b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or (c) Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section.
Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.
Full Breakdown
Colorado is a one-party consent state for recording conversations. Under CRS 18-9-303, a person may record a conversation as long as at least one party to the conversation consents. This means you can legally record your own phone calls, in-person conversations, and video chats without notifying the other party, as long as you are a participant. However, eavesdropping, using electronic devices to record or listen to conversations you are not a party to and where no party has consented, is a class 6 felony under CRS 18-9-304, punishable by 12-18 months in prison and fines of $1,000-$100,000.
Colorado law also prohibits recording in places where someone has a reasonable expectation of privacy (bathrooms, changing rooms, bedrooms) under CRS 18-7-801 (criminal invasion of privacy). This applies regardless of consent. Video recording in public places without audio does not require consent. If recording across state lines, the stricter state's law may apply, so recording calls with parties in two-party consent states like Washington or California requires all-party consent.
Violations & Fines
Eavesdropping: class 6 felony, 12-18 months prison, $1,000-$100,000 fine. Invasion of privacy: class 1 misdemeanor.
Frequently Asked Questions
Can I record a conversation in Denver without telling the other person?
Is it legal to record a phone call in Colorado?
Sources & Official References
Other rules in Denver
Compare Denver to another location·View the Colorado privacy & surveillance overview
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