Recording Law for Family Law in Colorado

Colorado law follows a one-party consent rule. That means you can legally record any conversation you are part of, even if the other people in the conversation don’t know it. The rule covers both in-person talks and telephone calls or other electronic communications. For phone calls or similar transmissions, the law says it’s okay as long as you are one of the people sending or receiving the message. For face-to-face talks, the law only applies to someone who is "not visibly present" during the conversation. If you are right there and part of the discussion, you are not breaking the law by recording it. This rule applies whether you’re at home, at a public park, or anywhere else in Colorado.

Colorado splits the rule into two parts. The first part, called "wiretapping," covers telephone calls or other electronic communications. The law is in Colorado Revised Statutes § 18-9-303. It says it’s illegal for someone who is not a sender or intended receiver to overhear or record the message without the consent of either a sender or a receiver. Since you are always a sender or receiver when you’re part of the call, recording your own calls is allowed. The second part, called "eavesdropping," covers in-person conversations or discussions. The law is in § 18-9-304. It says it’s illegal for someone who is "not visibly present during a conversation or discussion" to overhear or record it without the consent of at least one of the people talking. If you are right there and visible, you are not breaking this law by recording. Colorado courts have held that the term "conversation or discussion" in the eavesdropping statute is synonymous with "oral communication" as defined in § 18-9-301(8), which requires a subjective belief that the communication is not subject to interception under circumstances that objectively justify that belief.

Colorado’s wiretapping and eavesdropping laws target spoken words or transmitted communications, not silent video. If you record video without capturing any sound, those laws do not apply. For example, a body camera that only saves video footage is not covered by the wiretapping or eavesdropping statutes. This is because the laws specifically target the interception of spoken words or electronic communications as defined in § 18-9-301(3.3), which requires a transmitted communication via a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects interstate or foreign commerce, not a device's local video storage. Keep in mind that other laws, like those protecting privacy in certain private spaces, might still apply depending on where and how you record.

Even under the eavesdropping law, some conversations are not protected. Colorado courts apply a reasonable-expectation-of-privacy test derived from the definition of "oral communication" in § 18-9-301(8), which is imported into the eavesdropping statute via People v. Lesslie. If a conversation happens where anyone could easily overhear it—like a loud argument on a public sidewalk—there is no reasonable expectation of privacy. In that case, no one’s consent is required to record. The leading case is People v. Lesslie, a 1996 Colorado Court of Appeals decision. The court said a conversation is protected only if at least one person believes it is private and the circumstances justify that belief. If you’re recording a dispute in a public place where people around you can hear, the law treats it as if no privacy exists.

Imagine you are picking up your child for a scheduled visit in a store parking lot. Your co-parent starts yelling and accusing you of being late, drawing attention from nearby shoppers. You start recording the exchange on your phone to document what happens. Under Colorado law, this is legal. You are visibly present and part of the conversation, so the eavesdropping law does not apply. The exchange is happening in a public place with no reasonable expectation of privacy, so no one’s consent is required. Recording like this can help if you later need evidence for a custody hearing.

Breaking Colorado’s wiretapping or eavesdropping laws is a class 2 misdemeanor. That means it can lead to jail time and a fine, though jail time is uncommon for a first offense. These penalties apply if you violate § 18-9-303 by recording a telephone, telegraph, or electronic communication without the consent of a sender or receiver when you are not a sender or intended receiver, or if you violate § 18-9-304 by recording an in-person conversation or discussion without the consent of at least one principal party when you are not visibly present. If you record your own conversations or public talks where no reasonable expectation of privacy exists, you are not breaking the law and face no penalty.

Colorado recognizes a clearly established First Amendment right to film on-duty police performing their duties in public, recognized by the U.S. Court of Appeals for the Tenth Circuit in Irizarry v. Yehia. Separately, Colorado has a specific statutory right to record: C.R.S. 16-3-311 states a person has the right to lawfully record any incident involving a peace officer and to maintain custody of the recording and device. An officer may not seize a recording or device without consent, a warrant or subpoena, or a lawful exception, though a limited exigent-circumstance seizure up to 72 hours pending a warrant is allowed. If an officer unlawfully seizes or destroys your recording, you may have a civil claim under C.R.S. 13-21-128 for damages, including up to $500 for a destroyed recording and up to $15,000 in punitive damages.