C.R.S. Section 18-9-301
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

As used in sections 18-9-301 to 18-9-305, unless the context otherwise requires:

(1)

“Aggrieved person” means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.

(1.5)

“Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception.

(2)

“Common carrier” means any person engaged as a common carrier for hire in intrastate, interstate, or foreign communication by wire or radio or in intrastate, interstate, or foreign radio transmission of energy.

(3)

“Contents”, when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.

(3.3)

“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system that affects interstate or foreign commerce but does not include:
(a)(Deleted by amendment, L. 97, p. 602, § 2, effective August 6, 1997.)(b) Any wire or oral communication;

(c)

Any communication made through a tone-only paging device; or

(d)

Any communication from a tracking device.

(3.5)

“Electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications.

(3.7)

“Electronic communications system” means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of electronic communications and any computer facilities or related electronic equipment for the electronic storage of such communications.

(4)

“Electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire, oral, or electronic communication, other than:

(a)

Any telephone or telegraph instrument, equipment, or facility, or any component thereof, furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or furnished by such subscriber or user for connection to the facilities of such service and being used in the ordinary course of its business, or being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of his duties;

(b)

A hearing aid or similar device being used to correct subnormal hearing to not better than normal hearing.

(4.5)

“Electronic storage” means:

(a)

Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and

(b)

Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

(5)

“Intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

(6)

“Investigative or law enforcement officer” means any officer of the United States or of the state of Colorado or a political subdivision thereof who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this part 3, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

(7)

“Judge of competent jurisdiction” means any justice of the supreme court or a judge of any district court of the state of Colorado.

(8)

“Oral communication” means any oral communication uttered by any person believing that such communication is not subject to interception, under circumstances justifying such belief, but does not include any electronic communication.

(8.3)

“Pen register” means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached but shall not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(8.5)

“Readily accessible to the general public” means, with respect to a radio communication, that such communication is not:

(a)

Scrambled or encrypted;

(b)

Transmitted using modulation techniques having essential parameters withheld from the public with the intention of preserving the privacy of such communication;

(c)

Carried on a subcarrier or other signal subsidiary to a radio transmission;

(d)

Transmitted over a communication system provided by a common carrier, unless the communication is a tone-only paging system communication; or

(e)

Transmitted on frequencies allocated under part 25, subpart D, E, or F of part 74, or part 94 of the rules of the federal communications commission, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.

(8.7)

“Trap and trace device” means a device which captures the incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.

(8.9)

“User” means any person or entity which uses an electronic communication service and is duly authorized by the provider of such service to engage in such use.

(9)

“Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, between the point of origin and the point of reception, furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications and includes any electronic storage of such communication.

Source: Section 18-9-301 — Definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑9‑101
Definitions 18‑9‑102
Inciting riot 18‑9‑103
Arming rioters 18‑9‑104
Engaging in a riot 18‑9‑105
Disobedience of public safety orders under riot conditions 18‑9‑106
Disorderly conduct 18‑9‑107
Obstructing highway or other passageway 18‑9‑108
Disrupting lawful assembly 18‑9‑108.5
Residential picketing - legislative declaration 18‑9‑109
Interference with staff, faculty, or students of educational institutions 18‑9‑110
Public buildings - trespass, interference - penalty 18‑9‑111
Harassment - Kiana Arellano’s Law 18‑9‑112
Loitering - definition - legislative declaration 18‑9‑113
Desecration of venerated objects 18‑9‑114
Hindering transportation 18‑9‑115
Endangering public transportation and utility transmission 18‑9‑115.5
Violation of a restraining order related to public conveyances 18‑9‑116
Throwing missiles at vehicles - harassment of bicyclists 18‑9‑116.5
Vehicular eluding 18‑9‑117
Unlawful conduct on public property 18‑9‑118
Firearms, explosives, or incendiary devices in facilities of public transportation 18‑9‑119
Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs 18‑9‑120
Terrorist training activities - penalties - exemptions 18‑9‑121
Bias-motivated crimes 18‑9‑122
Preventing passage to and from a health-care facility - engaging in prohibited activities near facility 18‑9‑123
Bringing alcohol beverages, bottles, or cans into the major league baseball stadium 18‑9‑124
Hazing - penalties - legislative declaration 18‑9‑125
Interference with a funeral 18‑9‑201
Definitions 18‑9‑201.5
Scope of part 2 18‑9‑202
Cruelty to animals - aggravated cruelty to animals - service animals - short title 18‑9‑202.5
Impounded animals - costs of impoundment, provision, and care - disposition - procedures - application - definition 18‑9‑204
Animal fighting - penalty 18‑9‑204.5
Unlawful ownership of dangerous dog - legislative declaration - definitions 18‑9‑205
Disposition of fines 18‑9‑206
Unauthorized release of an animal - penalty - restitution 18‑9‑207
Tampering or drugging of livestock 18‑9‑208
Forfeiture of animals 18‑9‑209
Immunity for reporting cruelty to animals - false report - penalty 18‑9‑301
Definitions 18‑9‑302
Wiretapping and eavesdropping devices prohibited - penalty 18‑9‑303
Wiretapping prohibited - penalty 18‑9‑304
Eavesdropping prohibited - penalty 18‑9‑305
Exceptions 18‑9‑306
Abuse of telephone and telegraph service 18‑9‑306.5
Obstruction of telephone or telegraph service 18‑9‑309
Telecommunications crime 18‑9‑309.5
Civil remedies - injunctions - forfeiture 18‑9‑310
Unlawful use of information - penalty 18‑9‑310.5
False statement to the CBI for sex offender registry information 18‑9‑311
Automated dialing systems prohibited 18‑9‑312
Hostage, endangered person, or armed person in geographical area - telephone, electronic, cellular, or digital communications 18‑9‑313
Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions 18‑9‑313.5
Personal information on the internet - election officials - definitions 18‑9‑314
Interference with lawful distribution of newspapers - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 18-9-301’s source at colorado​.gov