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Colorado Laws on Recording in Public: Rights, Limits, and Exceptions

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202611 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 3 primary sources cited on this page. How we verify our legal content

Colorado Laws on Recording in Public: Rights, Limits, and Exceptions

Colorado permits recording in public places under the First Amendment. No state law requires consent or notification to film or photograph in public spaces. For audio, Colorado's one-party consent laws (C.R.S. 18-9-303 for phone and electronic communications and C.R.S. 18-9-304 for in-person conversations) allow you to record a conversation you take part in, wherever it happens.

Quick Answer

You can record in public places in Colorado. There is no state law prohibiting photography, video recording, or audio recording in public spaces where people have no reasonable expectation of privacy. Colorado's one-party consent framework under C.R.S. 18-9-303 and C.R.S. 18-9-304 further protects your right to record conversations you participate in, and C.R.S. 16-3-311 specifically protects recording police.

Your Right to Record in Public Spaces

Colorado hand reaching toward a wall-mounted intercom speaker panel, a blurred apartment lobby behind

Colorado law does not require consent or notification to record in public spaces. The legal basis rests on the principle that there is no reasonable expectation of privacy in public. When you walk down a public street, sit in a park, or attend a public event, your visible activities and audible statements are not protected from observation or recording.

You can generally film and record audible talk in public in Colorado without consent, but stores can ban recording, and capturing private conversations may raise eavesdropping issues.
Public spaces in Colorado are open to recording. Owner rules on private property and conversations meant to stay private are the limits.

This principle applies to:

  • Video recording: Filming people, buildings, vehicles, and activities visible from public spaces
  • Photography: Taking photographs of anything visible from a public vantage point
  • Audio recording: Capturing sounds and conversations audible to the general public
  • Live streaming: Broadcasting real-time video and audio from public locations

First Amendment Protections

Recording in public is protected by the First Amendment to the U.S. Constitution. In Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. Jul. 11, 2022), the Tenth Circuit clearly established that recording police performing their public duties is a constitutionally protected First Amendment right as of May 26, 2019. Earlier, Frasier v. Evans, 992 F.3d 1003 (10th Cir. 2021), had held that the right was not clearly established as of August 2014. Together, these decisions mean that for incidents from May 2019 on, officers in the Tenth Circuit (which includes Colorado) cannot argue that the right to film police performing their duties in public was not clearly established, though a qualified immunity defense can still turn on the other elements of the claim. The Tenth Circuit grounded that right in core First Amendment principles, reasoning that filming the police and other public officials as they perform their official duties furthers debate on matters of public concern, and that filming the police is a form of news gathering. This protection extends to:

  • Recording police officers performing their duties
  • Filming public officials conducting government business
  • Documenting protests, demonstrations, and rallies
  • Journalism and news gathering activities
  • Citizen journalism and social media reporting

Where You Can Record

Public spaces where recording is freely permitted in Colorado include:

  • Public streets, sidewalks, and crosswalks
  • City and state parks
  • Public plazas and town squares
  • Public transportation stations, bus stops, and platforms
  • Government building exteriors and publicly accessible interiors
  • Public beaches and recreation areas
  • Fairgrounds during public events
  • University and college campuses (in outdoor public areas)

Recording Government Meetings

Colorado dome security camera in the corner of an office ceiling, soft interior daylight

Colorado Open Meetings Law

Colorado's Open Meetings Law, also known as the Sunshine Law (C.R.S. 24-6-402), requires that meetings of state and local public bodies be open to the public. The Colorado Division of Local Government provides guidance on open meetings requirements.

The law opens meetings such as these to the public, although it does not itself address whether attendees may record them:

  • City council meetings
  • County commissioner meetings
  • School board meetings
  • Public hearings and zoning meetings
  • State legislative committee hearings
  • Special district board meetings
  • Any meeting of a body that exercises governmental authority

Recording Rules for Government Meetings

The Open Meetings Law guarantees public access, but it does not mention recording by attendees, and it does not itself grant a right to record or limit what a chair may do about recording. In practice, each public body sets its own rules. Common rules include:

  • Requiring cameras to be set up before the meeting begins
  • Designating a specific area for recording equipment
  • Prohibiting flash photography that disrupts proceedings
  • Requiring silent operation of recording devices

Some bodies go further and require advance notice or limit recording. Whether a particular restriction is lawful can turn on the First Amendment and the facts, so check the body's posted rules or ask the chair before you record.

Executive Sessions

Colorado's Open Meetings Law allows public bodies to enter executive (closed) sessions for specific purposes outlined in C.R.S. 24-6-402(4). These include discussions of personnel matters, attorney-client privileged communications, real estate negotiations, and security arrangements. You cannot record executive sessions.

Recording on Private Property Open to the Public

Colorado folded pair of smart glasses resting on a wooden desk beside a closed notebook, soft daylight

The Private Property Distinction

Businesses, shopping malls, restaurants, and other private properties open to the public are not "public spaces" in the legal sense. The property owner retains the right to set rules about recording on their premises.

This means:

  • A store can prohibit photography or video recording inside its premises
  • A restaurant can ask you to stop recording
  • A shopping mall can establish and enforce no-recording policies
  • A concert venue can ban recording during performances

If you refuse to comply with a private property owner's recording restrictions, you can be asked to leave. Refusing to leave after being asked constitutes criminal trespass under C.R.S. 18-4-504.

Businesses That Record Customers

Many businesses in Colorado record customers through security cameras. This is legal in publicly accessible areas of the business. However, businesses cannot place cameras in areas where customers have a reasonable expectation of privacy, such as:

  • Restrooms
  • Fitting rooms and dressing rooms
  • Private consultation rooms

For security camera specifics, see our Colorado Security Camera Laws page.

Audio Recording in Public

Colorado's one-party consent law applies to audio recording regardless of the setting. In public, this means:

  • You can record conversations you participate in, even on a busy street
  • You can record conversations that are audible to the general public (no reasonable expectation of privacy)
  • You cannot use electronic amplification devices to capture private conversations occurring at a distance

The Reasonable Expectation of Privacy Standard

Whether someone has a reasonable expectation of privacy in a public space depends on the circumstances:

No expectation of privacy (recording is legal):

  • Two people talking at normal volume on a park bench
  • A speaker addressing a crowd at a rally
  • A customer complaining loudly at a store counter
  • A person shouting into a phone on a sidewalk

Possible expectation of privacy (recording may be problematic):

  • Two people whispering in a secluded corner of a public park
  • A private conversation in a restaurant booth with reasonable measures to keep it private
  • A conversation in a public restroom

The key factor is whether the speakers took reasonable steps to maintain privacy and whether an ordinary person in that situation would expect their conversation to remain private.

Recording at Protests and Public Demonstrations

Your Rights at Protests

Colorado has a long history of public protests and demonstrations. Your right to record at these events is protected by both the First Amendment and Colorado statute:

  • You can record police actions during protests from any lawful vantage point
  • You can record other protesters, counter-protesters, and bystanders in public
  • You can live stream protest activities to social media
  • Journalists and citizen journalists have the same recording rights as other members of the public

If Police Order Dispersal

If police declare an unlawful assembly and order the crowd to disperse:

  • You must comply with the dispersal order
  • You can continue recording as you leave the area
  • Police cannot order you to stop recording as a condition of leaving
  • If you are arrested, C.R.S. 16-3-311 does not protect your device, because the statute expressly does not apply to devices seized incident to arrest. Police generally still need a warrant to search the phone's contents

For more on recording police, see our Colorado Laws on Recording Police page.

Recording in Specific Public Settings

Public Transportation

Colorado's Regional Transportation District (RTD) operates buses and light rail in the Denver metro area. RTD vehicles are equipped with security cameras and audio recording equipment. Passengers can also record on public transit:

  • You can record fellow passengers and interactions with transit workers
  • One-party consent applies to conversations you participate in
  • Recording other passengers' private conversations without participating may raise eavesdropping concerns under C.R.S. 18-9-304

Courthouses

Recording inside Colorado courthouses is subject to specific rules. The Colorado Judicial Branch establishes policies for recording in courtrooms:

  • Each judicial district may set its own rules about cameras and recording in courtrooms
  • Generally, recording requires advance permission from the presiding judge
  • Recording in courthouse hallways and public areas may be permitted but is often restricted
  • Audio recording of your own conversations in public courthouse areas follows one-party consent rules

Libraries, Museums, and Public Facilities

Publicly funded facilities like libraries and museums are generally considered public spaces, but they may establish reasonable recording policies:

  • Libraries may restrict recording to protect patron privacy
  • Museums may prohibit photography of certain exhibits due to copyright or preservation concerns
  • Community centers and recreation facilities may restrict recording in certain areas

These restrictions are property-based rules, not criminal laws. Violating them may result in being asked to leave, not criminal charges.

Drones and Aerial Recording

Drones add a vertical dimension to public recording. Colorado does not have a comprehensive state drone law, but several rules apply:

  • FAA regulations govern drone operation in national airspace
  • Local ordinances in many Colorado cities regulate drone use
  • Recording from a drone in public airspace is generally legal, similar to recording from any public vantage point
  • Using a drone to record into private spaces (through windows, over privacy fences into backyards) may violate privacy laws including C.R.S. 18-7-801
  • Using a drone to obstruct or interfere with police, firefighters, emergency medical personnel, or rescue specialists responding to an emergency or accident is a class 2 misdemeanor under C.R.S. 18-8-104(2.5), Colorado's obstruction statute, which treats an unmanned aircraft system used as an obstacle the same as physical interference unless the operator coordinates with the agency managing the response

Limits on Public Recording

Harassment

Recording someone in public can cross the line into harassment under C.R.S. 18-9-111 if the recording is done in a manner intended to harass, annoy, or alarm. Following someone while recording them, recording someone repeatedly after being asked to stop, or using recording as a tool of intimidation could constitute harassment.

Stalking

Using recording as part of a pattern of behavior intended to cause a reasonable person to feel frightened, threatened, or intimidated may constitute stalking under C.R.S. 18-3-602. Stalking through repeated surveillance or recording is a serious criminal offense.

Interference with Emergency Operations

Recording at emergency scenes is legal, but physically interfering with emergency operations is not. Keep a safe distance from fire scenes, accident scenes, and medical emergencies. First responders can establish perimeters for safety, and you must stay outside those perimeters.

School Grounds

Recording on public school grounds may be restricted during school hours for student safety reasons. See our Colorado School Recording Laws page for details.

More Colorado Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Can I record people in public in Colorado?

Yes. Colorado has no prohibition on recording in public spaces. People in public have no reasonable expectation of privacy regarding their visible activities. You can film, photograph, and record audio of anything visible or audible from a public vantage point.

Can I record a government meeting in Colorado?

Often, yes, but check the body's rules first. Colorado's Open Meetings Law (C.R.S. 24-6-402) requires most government meetings to be open to the public, but it does not address whether attendees may record them. Each body sets its own recording rules, so check its posted rules or ask the chair before you record.

Can a store tell me to stop recording in Colorado?

Yes. Stores and businesses are private property, even when open to the public. The property owner can set recording policies and ask you to stop recording. If you refuse, you can be asked to leave, and remaining after being asked constitutes trespassing.

Is it legal to live stream in public in Colorado?

Yes. Live streaming from public spaces is protected under the same principles as other forms of public recording. You can stream from streets, parks, protests, and other public areas without permission or notification.

Can recording someone in public be considered harassment in Colorado?

In rare cases, yes. If recording is done as part of a pattern intended to harass, annoy, or alarm someone, it could constitute harassment under C.R.S. 18-9-111. Following someone while recording, recording them repeatedly after being asked to stop, or using recording as intimidation could cross this line.

Updates

We corrected the page to say that C.R.S. 16-3-311 does not protect a recording device seized when you are arrested, that the Open Meetings Law opens meetings but does not itself guarantee a right to record them, and that Frasier v. Evans concerned conduct in August 2014; we also named the in-person eavesdropping statute (18-9-304) alongside 18-9-303.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the description of Irizarry v. Yehia and Frasier v. Evans to what the Tenth Circuit actually held about filming police and qualified immunity.

Replaced a fabricated drone-near-emergency statute citation (C.R.S. 18-9-118 is actually a firearms-in-transit-facility law, unrelated to drones) with Colorado's real drone-interference-with-emergency-responders provision, C.R.S. 18-8-104(2.5), and replaced a dead case-law citation link.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. C.R.S. 18-9-303 - Wiretapping Prohibited(law.justia.com)
  2. C.R.S. 24-6-402 - Open Meetings Law(law.justia.com)
  3. Colorado Division of Local Government - Open Meetings(dlg.colorado.gov).gov
  4. C.R.S. 16-3-311 - Peace Officer Recordings(law.justia.com)
  5. Colorado Judicial Branch(courts.state.co.us).gov
  6. Colorado Title 18 Criminal Code(content.leg.colorado.gov).gov
  7. Irizarry v. Yehia, 38 F.4th 1282 (10th Cir. 2022)(courtlistener.com)
  8. C.R.S. 18-9-304 - Eavesdropping Prohibited(law.justia.com)
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