§ 18-9-304. Eavesdropping Prohibited – Penalty

1. Any person not visibly present during a conversation or discussion commits eavesdropping if he:
   1. Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or
   2. Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or
   3. Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section; or
   4. Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
2. [ Editor’s note: This version of subsection (2) is effective until March 1, 2022.] Eavesdropping is a class 1 misdemeanor.

   (2) [ Editor’s note: This version of subsection (2) is effective March 1, 2022. ] Eavesdropping is a class 2 misdemeanor.

Source: L. 71: R&RE, p. 474, § 1. C.R.S. 1963: § 40-9-304. L. 77: (1)(a), (1)(c), and (1)(d) amended, p. 970, § 60, effective July 1. L. 89: (2) amended, p. 841, § 91, effective July 1. L. 2010: (2) amended, (SB 10-128), ch. 415, p. 2046, § 4, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3207, § 331, effective March 1, 2022.

Editor’s note: Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.