Is it legal to record conversations in Colorado? What to know about the state's laws

Is it legal to record a conversation if the person you're recording doesn't know? Different states have different laws on the matter.

Colorado is one of 37 one-party consent states, according to recordinglaw.com , meaning that only one party to the conversation has to consent to the creation of a recording. That can include your own consent if you are part of the conversation. However, it is illegal to record a conversation you weren't part of unless the conversation is in public, where you have no legal expectation of privacy, or you make at least one participant aware that you're recording.

Similarly, the Centennial State's privacy laws prohibit anyone from knowingly observing or taking any visual images of another person’s body without consent in situations where the subject of the filming or photography has a reasonable expectation of privacy, according to the Reporter's Committee for Freedom of the Press.

That law does not apply to security cameras in public areas filming public places with no legal expectation of privacy.

Examples of public places include a park bench, a table at a restaurant, or on public transit.

How does Colorado's law differ from other states?

Some states, such as California and Washington, are two-party consent states, meaning it is illegal to record a conversation without the consent of all parties involved.

Recording a conversation without all parties' consent in those states can lead to criminal consequences, such as fines and possible jail time, as well as legal liability to a potential lawsuit. Additionally, any illegally obtained recordings would be inadmissible in court.

Can you record police activity in Colorado?

The Colorado Legal Defense Group specifically notes that private citizens may record police officers in Colorado without their consent as long as they do not interfere with the lawful performance of their duties. Police may not take your phone or camera unless you consent, they have a warrant, or "when exigent circumstances exist such that the peace officer believes it is necessary to save a life or when the peace officer has a reasonable, articulable, good-faith belief that seizure of your device is necessary to prevent the destruction of the evidentiary recording while a search warrant is obtained."

Recordinglaw.com states that this law does not give you the right to break other laws, such as trespassing or obstruction, while recording.

Can you record public officials?

Generally, it is considered a First Amendment right to record public officials. However, that does not apply to Colorado courts. Under Colorado Judicial Branch Chief Justice Directive 23-02, any recording other than a formal recording of a proceeding without express permission of the court is banned, and those who violate the directive may be subject to contempt of court proceedings.

Can you record phone calls between Colorado and a two-party consent state?

While it's best practice to gain the consent of all parties in that situation, the law of the state where the recording is made generally takes precedence, according to recordinglaw.com. Federal law also requires only one party's consent. Therefore, if you are in a one-party state, there is no need to get everyone's consent, just a single party.

Can you disclose an illegally obtained recording?

Using or disclosing information obtained either by overhearing or recording conversations or by reading or copying electronic communications without at least one party’s consent is a felony, if there is reason to know the information was obtained illegally, according to Colorado Revised Statutes.

Exemptions and exceptions

In the Colorado Revised Statutes, Colorado specifically creates an exemption for news media from its eavesdropping and wiretapping statutes, stating that its laws are not to be “interpreted to prevent a news agency, or an employee thereof, from using the accepted tools and equipment of that news medium in the course of reporting or investigating a public and newsworthy event.”

Journalists are also likely protected from legal consequences for the publication of an illegally obtained recording, as long as they were not involved in the creation of the conversation and the matter is of public concern and truthful, according to the reporter's committee, which cited Bartnicki v. Vopper.

In the 2001 US Supreme Court case , an unidentified person intercepted and recorded a cell phone conversation between the chief union negotiator for a Pennsylvania high school union and the union president during a collective bargaining agreement with the school board.

After the parties accepted a nonbinding arbitration proposal generally favorable to the teachers, a radio commentator played a tape of the intercepted conversation on his public affairs talk show in connection with news reports about the settlement, leading to a lawsuit by the recorded parties against the commentator.

In a 6-3 decision, the court ruled that the First Amendment protects the disclosure of illegally intercepted communications by parties who did not participate in the illegal interception as long as the matter is of public interest.

What are the penalties for violating Colorado recording laws?

Generally, disclosure of information obtained illegally and violations of the state's wiretapping statute are both felonies punishable by a fine of between $1,000 and $100,000 and one to two years in jail, according to the reporter's committee.

Recording communications from a cordless telephone, however, is a misdemeanor punishable by a fine of up to $5,000 and six to 18 months in jail.

Violations of the eavesdropping statute and the state’s hidden camera law are misdemeanors, carrying a sentence of up to one year in jail and fines up to $1,000.

According to the reporter's committee, Colorado does not generally authorize civil lawsuits against violators, except in cases where police officers interfere with the right to regard or retaliate against an individual for recording an incident involving an officer.

Questions, comments, or story tips? Contact Justin at jreutterma@gannett.com. Follow him on X, formerly known as Twitter, @jayreutter1. Support local news, subscribe to the Pueblo Chieftain at subscribe.chieftain.com .

This article originally appeared on The Pueblo Chieftain: Is it legal to record conversations in Colorado? What to know about the state's laws