C.R.S. Section 13-21-128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer

  • definitions

Mentioned in

Colorado Laws on Recording In-Person Conversations

Colorado Legal Defense Group, June 8, 2023

“Colorado is a one-party consent state. This means you may legally wiretap your own phone conversations without anyone else’s consent.”
 
Bibliographic info

(1)

Intentionally left blank —Ed.

(a)

Notwithstanding any other remedies, a person has a right of recovery against a peace officer’s employing law enforcement agency if a person attempts to or lawfully records an incident involving a peace officer and:

(I)

A peace officer unlawfully destroys or damages the recording or recording device;

(II)

A peace officer seizes the recording or recording device without permission, without lawful order of the court, or without other lawful grounds to seize the device;

(III)

A peace officer intentionally interferes with the person’s lawful attempt to record an incident involving a peace officer;

(IV)

A peace officer retaliates against a person for recording or attempting to record an incident involving a peace officer; or

(V)

A peace officer refuses to return the person’s recording device that contains a recording of a peace officer-involved incident within a reasonable time period and without legal justification.

(b)

If a peace officer engages in any of the conduct described in paragraph (a) of this subsection (1), the aggrieved property owner may submit an affidavit to the peace officer’s employing law enforcement agency setting forth the facts of the incident, the damage done to the owner’s property, and a verifiable estimate of the replacement cost for any damaged or destroyed device. If a recording was damaged or destroyed, the owner may claim five hundred dollars as the value of the recording itself. Upon receipt of this affidavit, the law enforcement agency shall have thirty days to either pay the aggrieved property owner the amount requested in the affidavit or issue a denial of the request in writing.

(c)

If a denial of claim is issued by the law enforcement agency pursuant to paragraph (b) of this subsection (1), and the aggrieved property owner disagrees with the denial, the property owner may bring a civil action against the peace officer’s employing law enforcement agency for actual damages, including the replacement value of the device, the amount of five hundred dollars for any damaged or destroyed recording, and any costs and fees associated with the filing of the civil action. The court may order punitive damages up to fifteen thousand dollars and attorney fees to the property owner upon a finding that the denial by the law enforcement agency to reimburse the person pursuant to paragraph (b) of this subsection (1) was made in bad faith. If the court finds that an action brought by a person is frivolous and without merit, the court may award the law enforcement agency its reasonable costs and attorney fees.

(2)

An action brought pursuant to this section does not preclude the person from seeking that criminal charges be filed against a peace officer for tampering with physical evidence in violation of section 18-8-610, C.R.S., or any other crime.

(3)

For purposes of this section, “retaliation” means a threat, act of harassment, as defined in section 18-9-111, C.R.S., or act of harm or injury upon any person or property, which action is directed to or committed upon a person recording the peace officer-involved incident, as retaliation or retribution against such witness or victim.

Source: Section 13-21-128 — Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑21‑101
Interest on damages 13‑21‑102
Exemplary damages 13‑21‑102.5
Limitations on damages for noneconomic loss or injury 13‑21‑103
Damages for selling liquor to an intoxicated person 13‑21‑104
Damages for using animal left for keeping 13‑21‑105
Damages from fire set in woods or prairie - treble damages during drought conditions 13‑21‑105.5
Infant crib safety act - legislative declaration - definitions - safety standards - exemptions - action for damages 13‑21‑106
Broadcasting defamatory statements 13‑21‑106.5
Civil damages for destruction or bodily injury caused by a bias-motivated crime 13‑21‑106.7
Civil damages for preventing passage to and from a health-care facility and engaging in prohibited activity near facility 13‑21‑107
Damages for destruction or bodily injury caused by minors 13‑21‑107.5
Civil damages for loss caused by theft 13‑21‑108
Persons rendering emergency assistance exempt from civil liability 13‑21‑108.1
Persons rendering emergency assistance through the use of automated external defibrillators - limited immunity 13‑21‑108.2
Persons rendering emergency assistance - competitive sports - exemption from civil liability 13‑21‑108.3
Architects, building code officials, professional engineers, and professional land surveyors rendering assistance during emergency or disaster - qualified immunity from civil liability 13‑21‑108.4
Persons rendering emergency assistance from a locked vehicle - exempt from criminal and civil liability - definitions 13‑21‑108.5
Persons rendering assistance relating to discharges of hazardous materials - legislative declaration - exemption from civil liability 13‑21‑108.7
Persons rendering emergency assistance through the administration of an opiate antagonist - limited immunity - legislative declaration - definitions 13‑21‑108.8
Persons furnishing a non-laboratory synthetic opiate detection test - limited immunity - definition 13‑21‑109
Recovery of damages for checks, drafts, or orders not paid upon presentment 13‑21‑109.5
Recovery of damages for fraudulent use of social security numbers 13‑21‑110
Medical committee - privileged communication - limitation on liability 13‑21‑111
Negligence cases - comparative negligence as measure of damages 13‑21‑111.5
Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration 13‑21‑111.6
Civil actions - reduction of damages for payment from collateral source 13‑21‑111.7
Assumption of risk - consideration by trier of fact 13‑21‑111.8
Assumption of risk - shooting ranges 13‑21‑112
Ad damnum clauses in professional liability actions 13‑21‑113
Donation of items of food - exemption from civil and criminal liability - definitions 13‑21‑113.3
Donation of firefighting equipment - exemption from civil and criminal liability - definitions - legislative declaration 13‑21‑113.5
Use of school or nonprofit organization kitchen - exemption from civil and criminal liability 13‑21‑113.7
Immunity of volunteer firefighters, volunteers, incident management teams, and their employers or organizations - definitions - legislative declaration 13‑21‑114
Immunity of mine rescue participants and their employers or organizations 13‑21‑115
Actions against landowners - short title - legislative declaration - definitions 13‑21‑115.5
Volunteer service act - immunity - exception for operation of motor vehicles - short title - legislative declaration - definitions 13‑21‑115.6
Immunity from civil liability for school crossing guards and sponsors 13‑21‑115.7
Immunity from civil liability for directors, officers, or trustees - nonprofit corporations or nonprofit organizations 13‑21‑116
Actions not constituting an assumption of duty - board member immunity - immunity for volunteers assisting organizations for young persons 13‑21‑117
Civil liability - mental health providers - duty to warn - definitions 13‑21‑117.5
Civil liability - intellectual and developmental disability service providers - definitions - repeal 13‑21‑117.7
Civil actions against family foster care providers - limited liability 13‑21‑118
Actions based on flight in aircraft 13‑21‑119
Equine activities - llama activities - legislative declaration - exemption from civil liability 13‑21‑120
Colorado baseball spectator safety act - legislative declaration - limitation on actions - duty to post warning notice 13‑21‑121
Agricultural recreation or agritourism activities - legislative declaration - inherent risks - limitation of civil liability - duty to post warning notice - definitions 13‑21‑122
Civil liability for unlawful use of personal identifying information 13‑21‑122.5
Civil liability for trading in telephone records 13‑21‑124
Civil actions against dog owners 13‑21‑125
Civil actions for theft in the mortgage lending process 13‑21‑126
Funeral picketing - legislative declaration - definitions - damages 13‑21‑127
Civil damages for human trafficking and involuntary servitude 13‑21‑128
Civil liability for destruction or unlawful seizure of recordings by a law enforcement officer - definitions 13‑21‑129
Snow removal service liability limitation - exceptions - short title - definitions 13‑21‑130
Civil liability for false statement to recover possession of real property 13‑21‑131
Civil action for deprivation of rights 13‑21‑132
Civil liability for misuse of gametes - definitions 13‑21‑133
Out-of-state civil action against a person or entity prohibited - legally protected health-care activity - out-of-state civil judgment 13‑21‑201
Damages for death 13‑21‑202
Action notwithstanding death 13‑21‑203
Limitation on damages 13‑21‑203.5
Alternative means of establishing damages - solatium amount 13‑21‑203.7
Adjustments of dollar limitations for effects of inflation 13‑21‑204
Limitation of actions 13‑21‑301
Settlements, releases, and statements of injured persons 13‑21‑401
Definitions 13‑21‑402
Innocent seller 13‑21‑402.5
Product misuse 13‑21‑403
Presumptions 13‑21‑404
Inadmissible evidence 13‑21‑406
Comparative fault as measure of damages 13‑21‑801
Short title 13‑21‑802
Legislative declaration 13‑21‑803
Definitions 13‑21‑804
Damages - persons injured by an individual illegal drug user 13‑21‑805
Nonexclusiveness - exceptions to liability - joinder 13‑21‑806
Comparative negligence 13‑21‑807
Contribution among and recovery from multiple defendants 13‑21‑808
Effect of criminal drug conviction 13‑21‑809
Prejudgment attachment and execution on judgments 13‑21‑810
Statute of limitations 13‑21‑811
Stay of action 13‑21‑812
Nonretroactive 13‑21‑813
Severability 13‑21‑1001
Definitions 13‑21‑1002
Computer dissemination of indecent material to a child - prohibition 13‑21‑1003
Civil penalty - action for recovery - distribution of proceeds - attorney fees 13‑21‑1101
Short title 13‑21‑1102
Legislative declaration 13‑21‑1103
Definitions 13‑21‑1104
Actions against food providers that comply with applicable state and federal laws - exemptions 13‑21‑1105
Pleading requirements 13‑21‑1106
Stay of proceedings pending motion to dismiss 13‑21‑1201
Short title 13‑21‑1202
Legislative declaration 13‑21‑1203
Definitions 13‑21‑1204
Construction 13‑21‑1205
Damages - woman injured by the unlawful termination of a pregnancy 13‑21‑1206
Exceptions to liability 13‑21‑1207
Limitation of actions - three years 13‑21‑1301
Legislative declaration 13‑21‑1302
Jurisdiction over nonresident representatives 13‑21‑1303
Damages 13‑21‑1304
Liquor licensees excepted 13‑21‑1401
Short title 13‑21‑1402
Definitions 13‑21‑1403
Civil action - definitions 13‑21‑1404
Exceptions to liability - definitions 13‑21‑1405
Plaintiff’s privacy 13‑21‑1406
Remedies 13‑21‑1407
Statute of limitations 13‑21‑1408
Construction 13‑21‑1409
Uniformity of application and construction
Green check means up to date. Up to date

Current through Fall 2024

§ 13-21-128’s source at colorado​.gov