Privacy · Recording Consent
Is It Legal to Record a Call in Colorado?
Whether you can record a conversation in Colorado, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Colorado
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| A status test, not a consent test | Wiretapping under § 18-9-303(1) applies only to a person "not a sender or intended receiver." Eavesdropping under § 18-9-304(1) applies only to a person "not visibly present." Recording a call you are on, or a meeting you are visibly in, is not the offense. |
| One principal party may consent | Even when the status test is met, both offenses require that no principal party consented. The consent of at least one principal party is a complete answer. |
| Phone, electronic, and in-person covered | Section 18-9-303 covers "a telephone, telegraph, or electronic communication." Section 18-9-304 covers "a conversation or discussion." Both are audio and communications only. |
| Recording for an unlawful purpose is separate | Sections 18-9-303(1)(b) and 18-9-304(1)(b) make recording for the purpose of committing or aiding an unlawful act an offense even where consent existed. |
| When it is different | What it means |
|---|---|
| News agencies | Section 18-9-305(1) says nothing in the eavesdropping sections prevents a news agency or its employee from using the accepted tools of that news medium while reporting or investigating a public and newsworthy event. |
| Own premises with posted notice | Section 18-9-305(1) also allows using wiretapping or eavesdropping devices on your own premises for security or business purposes if reasonable notice of the use is given to the public. |
| Silent video | Both sections cover audio and communications only. Surreptitious visual recording is addressed elsewhere in Colorado law, such as C.R.S. § 18-7-801, not under these sections. |
What you can do right now
Concrete, neutral steps before you record a conversation in Colorado. This is legal information, not legal advice.
- Ask whether you are a party or present
If you are a sender or receiver of the call, or visibly present at the conversation, you are outside the Colorado offense. You do not need to tell the others.
- Mind the "not visibly present" line
A person who steps out of a room and leaves a recorder running may be eavesdropping, while a person visibly present with a recorder generally is not. Presence is the trigger.
- Post notice for business recording
If you record on your own premises for security or business, § 18-9-305(1) allows it only if you give the public reasonable notice of the recording.
- Talk to a Colorado attorney if you are accused
The offenses are class 2 misdemeanors after the 2022 and 2023 reforms. A licensed Colorado attorney can assess the status tests. The Colorado Attorney General's office can point you to resources.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Colorado Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Colorado
Colorado writes its recording rule as a status test rather than a consent test, which is what sets it apart. The crime only exists if you were "not a sender or intended receiver" of the call under the wiretapping section, or "not visibly present" during the conversation under the eavesdropping section. Recording a call you are on, or a meeting you are visibly in, is simply not the offense, so a participant never needs the others' consent. Colorado also has one of the few express news-media exemptions in any state eavesdropping law, and an unusual "your own premises, if you post notice" exception that legitimizes shop and office recording where the public is warned. The "not visibly present" test creates a genuine nuance: a person who is present but conceals a recorder is generally not eavesdropping, while a person who leaves a device running in a room they just walked out of may be. The penalty recently moved twice. SB 21-271 reclassified both offenses effective March 1, 2022, and HB 23-1293 amended the wiretapping penalty again effective October 1, 2023, so both offenses are now class 2 misdemeanors capped at 120 days and a $750 fine. Any source describing Colorado wiretapping as a class 1 misdemeanor or an 18-month offense is out of date.
Common questions
Can I record a phone call in Colorado without telling the other person?
Yes. Colorado is a one-party state, and the wiretapping offense reaches only someone who is not a sender or receiver of the call. As a participant you are a sender or receiver, so your own participation is enough.
What does "not visibly present" mean in Colorado?
It is the trigger for the eavesdropping offense. A person visibly present with a recorder generally is not eavesdropping, while a person who leaves a recorder running in a room they just walked out of may be, because they are no longer visibly present.
Can my employer record conversations in the office in Colorado?
Section 18-9-305(1) allows using recording devices on your own premises for security or business purposes only if reasonable notice of the use is given to the public. Posted notice is the key condition.
What is the penalty now that Colorado reclassified misdemeanors in 2022 and 2023?
Both wiretapping and eavesdropping are class 2 misdemeanors. For offenses on or after March 1, 2022, that means up to 120 days imprisonment, a fine up to $750, or both. Older class 1 misdemeanor figures are wrong.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.