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Denver, CO Privacy & Surveillance: Recording & Consent Laws (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified April 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.

Source: CRS 18-9-303 - Wiretapping ProhibitedView official code

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?
Yes, as long as you are a participant in the conversation. Colorado's one-party consent law allows you to record conversations you are part of without notifying other participants.
Is it legal to record a phone call in Colorado?
Yes, if you are a party to the call. One-party consent applies. However, if the other party is in a two-party consent state, the stricter law may apply.

Sources & Official References

Other rules in Denver

All Denver rules

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