Colorado
Colorado Video Recording Laws: What Is Legal and What Is Not
Colorado permits video recording in public spaces where no reasonable expectation of privacy exists. Video-only recordings do not trigger the wiretapping statute (C.R.S. 18-9-303), but adding audio activates one-party consent rules. Recording intimate parts without consent in private settings is a Class 2 misdemeanor under C.R.S. 18-7-801.
Quick Answer
Video recording in Colorado is broadly legal in public spaces and on your own property. There is no single Colorado statute that governs all video recording. Instead, several laws work together: C.R.S. 18-7-801 (Criminal Invasion of Privacy), C.R.S. 18-3-405.6 (Invasion of Privacy for Sexual Gratification), and the Colorado Privacy Act as amended by HB 24-1130 for biometric data.
The key distinction is between video-only and video-with-audio recording. Pure video does not implicate Colorado's wiretapping laws. Once audio is added, the one-party consent framework under C.R.S. 18-9-303 and C.R.S. 18-9-304 applies to the audio component.
Video Recording in Public Spaces
Your Right to Film in Public
Colorado does not prohibit video recording in public spaces. You have the legal right to film:
- Public streets, sidewalks, and parks
- Government buildings (exterior and publicly accessible interior areas)
- Public transportation stations and platforms
- Protests, demonstrations, and rallies
- Public meetings and government proceedings
- Storefronts and businesses visible from public property
- Scenic locations, landmarks, and public events
The legal basis for public filming rests on the principle that there is no reasonable expectation of privacy in public spaces. People walking on a public sidewalk or attending a public event cannot claim a privacy violation when someone films them.
First Amendment Protections
The Tenth Circuit Court of Appeals, which covers Colorado, has recognized that recording in public spaces is protected under the First Amendment. This protection extends to:
- Filming police officers performing their duties (see our Colorado Laws on Recording Police page)
- Recording public officials conducting government business
- Documenting events of public interest
- Journalism and news gathering
Limitations on Public Video Recording
While public video recording is broadly permitted, certain restrictions apply:
- You cannot trespass on private property to obtain a better filming angle
- Some government facilities (military bases, courthouses, certain secure areas) restrict photography and video
- Recording in areas marked with "no photography" signs on private property requires compliance if you are on that property as a guest or customer
- Video recording for the purpose of harassment or stalking may violate Colorado's harassment statute (C.R.S. 18-9-111)
Video Recording on Private Property
Property Owner Rights
Property owners in Colorado have broad authority to set rules about video recording on their premises. A business, homeowner, or other property owner can:
- Prohibit all photography and video recording
- Restrict recording to certain areas
- Require consent before filming
- Ask people to stop recording or leave the premises
If you refuse to comply with a property owner's recording rules, you can be asked to leave. Failure to leave after being asked constitutes trespassing under C.R.S. 18-4-504.
Recording in Your Own Home
You can install video cameras inside and outside your own home. However, privacy limitations still apply:
- You cannot record guests in areas where they have a reasonable expectation of privacy (bathrooms, guest bedrooms where they are changing)
- Recording intimate activities without consent violates C.R.S. 18-7-801
- Security cameras aimed at your property are legal; cameras deliberately angled to record inside a neighbor's private spaces may create legal problems
Rental Properties
The Colorado Division of Real Estate has issued guidance on surveillance in rental properties. Landlords who install security cameras should:
- Provide reasonable notice to tenants about camera locations
- Avoid placing cameras where tenants have a reasonable expectation of privacy
- Never record audio without complying with one-party consent rules
- Disclose existing surveillance systems before lease signing
For more details, see our Colorado Landlord-Tenant Recording Laws page.
Criminal Invasion of Privacy: C.R.S. 18-7-801
What the Statute Prohibits
C.R.S. 18-7-801 (Criminal Invasion of Privacy) prohibits knowingly observing or photographing another person's intimate parts without consent in a situation where the person has a reasonable expectation of privacy. This statute targets:
- Hidden cameras in bathrooms, locker rooms, or changing areas
- "Upskirting" or similar covert recording of intimate body areas
- Filming through windows into private spaces
- Peepholes, hidden cameras, or other devices used to observe undressing
Penalties
Criminal Invasion of Privacy under C.R.S. 18-7-801 is a Class 2 misdemeanor, punishable by:
- Up to 120 days in jail
- A fine of up to $750
- Possible sex offender registration requirements depending on the circumstances
Reasonable Expectation of Privacy
The statute hinges on whether the person recorded had a "reasonable expectation of privacy." Courts consider:
- The location (bathroom, bedroom, dressing room versus public street)
- Whether the person took steps to ensure privacy (closed door, drawn curtains)
- Whether the area is generally understood to be private
- Whether other people could ordinarily see into the space
Invasion of Privacy for Sexual Gratification: C.R.S. 18-3-405.6
Enhanced Penalties for Sexual Motivation
C.R.S. 18-3-405.6 provides enhanced penalties when invasive video recording is done for the purpose of sexual gratification. This statute covers the same types of recording as C.R.S. 18-7-801 but adds the element of sexual motivation.
Penalty Structure
| Circumstance | Classification | Penalty |
|---|---|---|
| First offense, victim 15 or older | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 fine |
| Victim under 15 | Class 6 felony | 1 to 18 months prison, $1,000 to $100,000 fine |
| Repeat offenders (prior unlawful sexual behavior) | Class 6 felony | 1 to 18 months prison, $1,000 to $100,000 fine |
Convictions under this statute carry mandatory sex offender registration requirements.
Video Recording and Audio: When Wiretapping Laws Apply
The Video-Only vs. Video-Plus-Audio Distinction
Colorado's wiretapping statute (C.R.S. 18-9-303) and eavesdropping statute (C.R.S. 18-9-304) apply only to the interception of communications. Silent video recording does not intercept a communication, so it does not trigger these statutes.
Once you add audio recording, the analysis changes:
- Video only: No wiretapping/eavesdropping issue. Privacy statutes (C.R.S. 18-7-801, 18-3-405.6) still apply in private settings.
- Video with audio: The audio component must comply with one-party consent. You must be a participant in any conversation captured by the audio, or you need consent from at least one participant.
This distinction is critical for security cameras, dashcams, body cameras, and any other device that can record both video and sound.
Practical Implications
A security camera in a retail store that records video only does not require customer consent. The same camera with a microphone that captures conversations creates a wiretapping concern unless the store provides notice or an employee is participating in the recorded conversations.
For more on security camera rules, see our Colorado Security Camera Laws page.
HB 24-1130: Biometric Data from Video Recordings
What the Law Requires
HB 24-1130 (effective July 1, 2025) amended the Colorado Privacy Act to require separate, informed consent before collecting biometric identifiers. When video recordings are used to extract biometric data, this law applies.
Biometric identifiers covered by HB 24-1130 include:
- Facial geometry captured by cameras with facial recognition capabilities
- Gait analysis from video surveillance systems
- Iris or retina scans from specialized cameras
- Other physical characteristics that can uniquely identify a person
Impact on Video Surveillance
Businesses and employers using video surveillance systems with biometric capabilities must:
- Obtain separate written consent before processing biometric identifiers
- Disclose the purpose of biometric data collection
- Explain how biometric data will be stored and protected
- Provide a retention schedule and destruction timeline
A standard security camera that records video without biometric processing does not trigger HB 24-1130. The law applies only when the video recording is used to extract and process biometric identifiers.
Employer Obligations
Employers who use video systems with facial recognition or other biometric capabilities in the workplace must comply with HB 24-1130's consent requirements. Employers may require biometric consent as a condition of employment only for limited purposes:
- Controlling access to secure locations
- Recording the start and end of a workday
- Monitoring workplace safety
The Colorado Attorney General enforces HB 24-1130 violations under the Colorado Privacy Act. See our Colorado Workplace Recording Laws page for more workplace-specific details.
Revenge Porn and Non-Consensual Intimate Images
Colorado's Revenge Porn Law
Colorado criminalizes the distribution of intimate images without consent under C.R.S. 18-7-107 (Posting a Private Image for Harassment). This statute makes it a Class 1 misdemeanor to post or distribute intimate images of another person without their consent, with intent to harass.
Penalties include up to 364 days in jail and fines of up to $1,000, plus an additional fine of up to $10,000 that the court must impose on top of any other sentence. The offense becomes a Class 6 felony if the disclosure posed an imminent and serious threat to the depicted individual's safety or the safety of their immediate family.
SB 25-288 (active August 6, 2025) significantly expanded this statute. The law now expressly covers AI-generated and digitally altered intimate imagery, closing the gap for deepfake content that was never a real recording. It also created a standalone civil cause of action with a $150,000 minimum liquidated-damages floor, giving victims a meaningful financial remedy separate from the criminal process.
Civil Remedies
Victims of non-consensual intimate image distribution can also pursue civil remedies including:
- Injunctive relief (court orders to remove images)
- Actual and compensatory damages
- Attorney fees and costs
Video Consent Forms
If you record someone's likeness for business, commercial, or publication purposes, you should obtain proper consent through a photo or video consent form. While Colorado's one-party consent law covers the audio component and privacy statutes address hidden recording, commercial use of someone's likeness raises additional legal considerations including:
- Right of publicity claims
- Model release requirements
- Commercial use versus editorial use distinctions
Penalties Summary
| Offense | Statute | Classification | Maximum Penalty |
|---|---|---|---|
| Criminal Invasion of Privacy | C.R.S. 18-7-801 | Class 2 misdemeanor | 120 days jail, $750 fine |
| Invasion of Privacy for Sexual Gratification (adult victim) | C.R.S. 18-3-405.6 | Class 1 misdemeanor | 364 days jail, $1,000 fine |
| Invasion of Privacy for Sexual Gratification (victim under 15 or repeat) | C.R.S. 18-3-405.6 | Class 6 felony | 18 months prison, $100,000 fine |
| Posting Private Image for Harassment | C.R.S. 18-7-107 | Class 1 misdemeanor | 364 days jail, $1,000 fine |
| Wiretapping (audio component) | C.R.S. 18-9-303 | Class 2 misdemeanor | 120 days jail, $750 fine |
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
Is it legal to record video in public in Colorado?
Yes. Colorado has no general prohibition on video recording in public spaces. You can film on public streets, in parks, at protests, and during public meetings. People in public places have no reasonable expectation of privacy regarding their visible activities.
Can I record video on private property in Colorado?
The property owner sets the rules. You can record video on your own property, including installing security cameras. On someone else's property, you must follow their recording policies. Regardless of property ownership, you cannot record anyone's intimate parts without consent in places where they have a reasonable expectation of privacy.
Does video recording require consent in Colorado?
Video-only recording in public does not require consent. In private settings, C.R.S. 18-7-801 requires consent for recording intimate parts. If your video includes audio, one-party consent rules under C.R.S. 18-9-303 apply to the audio. Under HB 24-1130, extracting biometric identifiers from video requires separate written consent.
What is the penalty for hidden cameras in Colorado?
Hidden cameras that record someone's intimate parts without consent violate C.R.S. 18-7-801 (Class 2 misdemeanor: up to 120 days jail, up to $750 fine). If done for sexual gratification, C.R.S. 18-3-405.6 applies (Class 1 misdemeanor or Class 6 felony depending on circumstances).
Does HB 24-1130 affect security cameras in Colorado?
Only if the cameras use biometric processing such as facial recognition. Standard video surveillance cameras that do not extract biometric identifiers are not affected. Cameras that capture and process facial geometry, gait patterns, or other biometric data require separate written consent under HB 24-1130 (effective July 1, 2025).
Updates
Corrected the penalties for wiretapping (C.R.S. 18-9-303, a Class 2 misdemeanor, not a Class 6 felony) and for disclosing a private intimate image (C.R.S. 18-7-107's felony enhancer is triggered by a safety threat, not a repeat offense, and it carries a mandatory added fine of up to $10,000).
The Law Behind This Article
This article rests on 4 statutory provisions held in our own legal record, each retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 18: Criminal Code
§ 18-3-405.6Invasion of privacy for sexual gratificationIn forcecited in 2 of our articles
(1) A person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification. (2) (a) Except as otherwise provided in subsection (2)(b) of this section, invasion of privacy for sexual gratification is a class 1 misdemeanor. (b) Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-401 (10) if either of the following circumstances exist: (I) The offense is committed subsequent to a prior conviction, as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or (II) The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.
Official text (excerpt) · as of 2026-07-29 · Read the full section at olls.info
Also relied on in: Colorado Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections
§ 18-7-107Disclosing a private intimate image or intimate digital depiction for harassment - definitionsIn forcecited in 2 of our articles
(1) (a) An actor who is eighteen years of age or older commits the offense of disclosing a private intimate image or intimate digital depiction for harassment if the actor discloses or threatens to disclose through the use of electronic media or a website a private intimate image or an intimate digital depiction without the depicted individual's consent: (I) to (III) (Deleted by amendment, L. 2025.) (IV) (A) With the intent to harass, intimidate, or coerce the depicted individual; or (B) When the actor knew or reasonably should have known that the depicted individual had a reasonable expectation that the private intimate image or intimate digital depiction would remain private; and (V) The disclosure or threat to disclose caused physical, emotional, or reputational harm to the depicted individual.
Official text (excerpt) · as of 2026-07-29 · Read the full section at olls.info
§ 18-7-801Criminal invasion of privacyIn forcecited in 6 of our articles
(1) A person who knowingly observes or takes a photograph of another person's intimate parts, as defined in section 18-3-401 (2), without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy. (2) Criminal invasion of privacy is a class 2 misdemeanor. (3) For the purposes of this section, photograph includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.
Official text (excerpt) · as of 2026-07-29 · Read the full section at olls.info
Also relied on in: Colorado Landlord-Tenant Recording Laws: Cameras, Privacy, and Rights, Colorado School Recording Laws: Classrooms, IEP Meetings, and Surveillance, Colorado Security Camera Laws: Residential, Commercial, and Privacy Rules
§ 18-9-303Wiretapping prohibited - penaltyIn forcecited in 13 of our articles
(1) Any person not a sender or intended receiver of a telephone or telegraph communication commits wiretapping if he: (a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without the consent of either a sender or a receiver thereof or attempts to do so; or (b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or (c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or (d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or (e) Repealed.
Official text (excerpt) · as of 2026-07-29 · Read the full section at olls.info
Also relied on in: Colorado Audio Recording Laws: One-Party Consent Rules and Penalties, Colorado Dashcam Laws: Legality, Mounting Rules, and Evidence Use, Colorado Medical Recording Laws: Patient Rights, HIPAA, and Provider Rules
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Sources and References
- C.R.S. 18-7-801 - Criminal Invasion of Privacy(law.justia.com)
- C.R.S. 18-3-405.6 - Invasion of Privacy for Sexual Gratification(law.justia.com)
- HB 24-1130 - Privacy of Biometric Identifiers(leg.colorado.gov).gov
- C.R.S. 18-9-303 - Wiretapping Prohibited(law.justia.com)
- Colorado Division of Real Estate - Surveillance in Properties(dre.colorado.gov).gov
- Colorado Title 18 Criminal Code(content.leg.colorado.gov).gov
- SB 25-288 - Non-Consensual Intimate Imagery(leg.colorado.gov).gov
- SB 25-288 - Non-Consensual Intimate Imagery (AI/Deepfakes)(leg.colorado.gov).gov
- C.R.S. 18-7-107 - Posting a Private Image for Harassment(law.justia.com)