C.R.S. Section 18-13-125
Telephone records

  • sale or purchase

(1)

A person commits unauthorized trading in telephone records if the person, without lawful authorization:

(a)

Knowingly procures or attempts to procure a telephone record;

(b)

Knowingly sells, buys, offers to sell, or offers to buy a telephone record;

(c)

Possesses a telephone record with the intent to use such record, or information contained in such record, to harm another person; or

(d)

Receives a telephone record of a resident of Colorado knowing that such record was obtained without lawful authorization or by fraud or deception.

(2)

For the purposes of this section:

(a)

“Lawful authorization” means authorization from the person or the agent of the person to whom the telephone number is assigned or from the person or the agent of the person who purchases the telephone service.

(b)

“Procure” means to obtain by any means, with or without consideration.

(c)

“Telecommunications provider” means a company and its affiliates that provide commercial telephone service to a customer, irrespective of the technology employed, including, without limitation, wired, wireless, cable, broadband, satellite, or voice-over-internet protocol.

(d)

Intentionally left blank —Ed.

(I)

“Telephone record” means information retained by a telecommunications provider that relates to the number dialed by the customer or subscriber, to the number of a person who dialed the customer, or to other data that are typically contained on a customer’s telephone bill for either wired or wireless telephone service, including, without limitation, the time a call was made, the duration of a call, or the charges for a call.

(II)

“Telephone record” shall not include a directory listing or information collected and retained by customers utilizing caller identification technology or similar technology.

(3)

Intentionally left blank —Ed.

(a)

This section shall not prohibit a peace officer, a law enforcement agency, or an employee or agent of a law enforcement agency from obtaining telephone records in the performance of their duties or as authorized by law.

(b)

This section shall not prohibit a telecommunications provider from obtaining, using, disclosing, or permitting access to a telephone record when such access:

(I)

Is otherwise authorized by Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission;

(II)

Is necessary to operations of the telecommunications provider, or to provide services or products, or to protect the rights and property of the telecommunications provider;

(III)

Protects users of the service and other telecommunications providers from fraudulent, abusive, or unlawful use of or subscription to such service;

(IV)

Is made to a government entity if the telecommunications provider reasonably believes that an emergency involving immediate danger of serious physical injury to any person justifies disclosure of the information;

(V)

Is made to the national center for missing and exploited children or its successor entity and concerns a report submitted under 18 U.S.C. sec. 2258A;

(VI)

Is in connection with the sale, purchase, or transfer of all or part of a telecommunications provider’s business; or

(VII)

Is in connection with the migration of a customer from one telecommunications provider to another.

(c)

This section shall not be construed to imply that telephone records belong to a person other than the telecommunications provider that maintains them.

(4)

Unauthorized trading in telephone records is a petty offense.

(5)

This section shall not apply to a telecommunications provider or its agents or representatives who reasonably and in good faith act pursuant to Colorado law, any other state law, or federal law, including, without limitation, the rules promulgated by the federal communications commission, notwithstanding a later determination that the act was not authorized by such law.

Source: Section 18-13-125 — Telephone records - sale or purchase, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑13‑101
Abuse of a corpse 18‑13‑104
Fighting by agreement - dueling 18‑13‑106
Unlawful to discard or abandon iceboxes or motor vehicles and similar items 18‑13‑107
Interference with persons with disabilities 18‑13‑107.3
Intentional misrepresentation of entitlement to an assistance animal - penalty - definitions 18‑13‑107.7
Intentional misrepresentation of a service animal for a person with a disability - penalty - definitions 18‑13‑108
Removal of timber from state lands 18‑13‑109
Firing woods or prairie 18‑13‑109.5
Intentionally setting wildfire 18‑13‑111
Purchases of commodity metals or detached catalytic converters - violations - commodity metals theft task force - creation - composition - reports - legislative declaration - definitions - repeal 18‑13‑112
Hazardous waste violations 18‑13‑113
Unlawful to sell metal beverage containers with detachable opening devices 18‑13‑114
Sale of secondhand property - record - inspection - crime - definitions 18‑13‑114.5
Proof of ownership required - penalty - definitions 18‑13‑115
Notice - penalties 18‑13‑116
Sales tax license 18‑13‑117
Record of sales 18‑13‑118
Regulation of secondhand dealers 18‑13‑119
Health-care providers - abuse of health insurance 18‑13‑119.5
Abuse of property insurance 18‑13‑120
Use, transportation, and storage of drip gasoline 18‑13‑121
Furnishing cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age 18‑13‑122
Illegal possession or consumption of ethyl alcohol or marijuana by an underage person - illegal possession of marijuana paraphernalia by an underage person - adolescent substance abuse prevention and treatment fund - legislative declaration - definitions 18‑13‑123
Unlawful administration of gamma hydroxybutyrate (GHB) or ketamine 18‑13‑124
Dissemination of false information to obtain hospital admittance or care 18‑13‑125
Telephone records - sale or purchase 18‑13‑126
Locating protected persons 18‑13‑130
Bail bond - prohibited activities - penalties 18‑13‑131
Misuse of gametes - definitions 18‑13‑132
Furnishing kratom products to persons under twenty-one years of age 18‑13‑133
Prohibition on prosecuting health-care providers - patient ingests abortifacient in another state
Green check means up to date. Up to date

Current through Fall 2024

§ 18-13-125’s source at colorado​.gov