Colorado call recording law
Is Colorado a one-party consent state?
One-party consent
Yes. Colorado is a one-party consent state. Wiretapping covers a person who is not the sender or intended receiver of a call and records it without the consent of either the sender or the receiver (Colo. Rev. Stat. § 18-9-303).
Last checked October 13, 2026 · 9 quoted facts from official pages
Colorado at a glance
- Phone calls
- One-party consent
- The law
- Colo. Rev. Stat. § 18-9-303 (wiretapping prohibited - penalty) (official source, opens in a new tab)
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Wiretapping (§ 18-9-303) and eavesdropping (§ 18-9-304) are each a class 2 misdemeanor: for offenses on or after March 1, 2022, up to 120 days in jail, a fine of up to $750, or both.
- Last checked
- October 13, 2026
The law
- Colo. Rev. Stat. § 18-9-303 (wiretapping prohibited - penalty) (official source, opens in a new tab)
- Colo. Rev. Stat. § 18-9-304 (eavesdropping prohibited - penalty) (official source, opens in a new tab)
- Colo. Rev. Stat. § 18-9-305 (exceptions) (official source, opens in a new tab)
- Colo. Rev. Stat. § 18-1.3-501(1)(a.5) (misdemeanor penalties) (official source, opens in a new tab)
Penalties
- Criminal
- Wiretapping (§ 18-9-303) and eavesdropping (§ 18-9-304) are each a class 2 misdemeanor: for offenses on or after March 1, 2022, up to 120 days in jail, a fine of up to $750, or both. Wiretapping became a class 2 misdemeanor effective October 1, 2023 (HB 23-1293).
In-person conversations
For in-person conversations, Colorado’s eavesdropping law covers recording a conversation without the consent of at least one of the principal parties (§ 18-9-304), so the same one-party rule applies.
What this means for a business that records calls
A person may use such devices on their own premises for security or business purposes if reasonable notice of their use is given to the public. The statute makes its exceptions affirmative defenses (§ 18-9-305).
Notices and warnings: Colorado’s exceptions include using recording devices on one’s own premises for security or business purposes when reasonable notice of their use is given to the public (an affirmative defense, § 18-9-305).
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under Colorado's law is a question for a lawyer licensed in Colorado.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
Wiretapping applies to a person who is not the sender or intended receiver of the call.
“Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Recording is wiretapping only when done without the consent of either the sender or the receiver (one-party consent).
“Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without the consent of either a sender or a receiver thereof”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Wiretapping is a class 2 misdemeanor.
“Wiretapping is a class 2 misdemeanor.”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
The class 2 misdemeanor penalty for wiretapping took effect October 1, 2023 (HB 23-1293).
“2023: (2) amended, (HB 23-1293), ch. 298, p. 1790, § 40, effective October 1.”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Eavesdropping on an in-person conversation by someone not visibly present also requires lacking the consent of at least one principal party.
“Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Eavesdropping is a class 2 misdemeanor.
“Eavesdropping is a class 2 misdemeanor.”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
For offenses on or after March 1, 2022, a class 2 misdemeanor is punishable by up to 120 days, up to a $750 fine, or both.
“120 days imprisonment, not more than a seven hundred fifty dollar fine, or both”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Use of recording devices on one's own premises for security or business purposes is excepted if reasonable notice is given to the public.
“on his own premises for security or business purposes if reasonable notice of the use of such devices is given to the public”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Show 1 more fact
The exceptions in § 18-9-305 are affirmative defenses.
“The exceptions in this section shall be affirmative defenses.”
Source: content.leg.colorado.gov (official source, opens in a new tab) · read October 13, 2026
Colorado call recording questions
Is Colorado a one-party consent state?
Yes. Colorado is a one-party consent state. Wiretapping covers a person who is not the sender or intended receiver of a call and records it without the consent of either the sender or the receiver (Colo. Rev. Stat. § 18-9-303).
What is the penalty for recording a call illegally in Colorado?
Wiretapping (§ 18-9-303) and eavesdropping (§ 18-9-304) are each a class 2 misdemeanor: for offenses on or after March 1, 2022, up to 120 days in jail, a fine of up to $750, or both. Wiretapping became a class 2 misdemeanor effective October 1, 2023 (HB 23-1293).
Does Colorado use the same rule for in-person conversations?
For in-person conversations, Colorado’s eavesdropping law covers recording a conversation without the consent of at least one of the principal parties (§ 18-9-304), so the same one-party rule applies.
What do Colorado's sources say about businesses that record calls?
A person may use such devices on their own premises for security or business purposes if reasonable notice of their use is given to the public. The statute makes its exceptions affirmative defenses (§ 18-9-305).