The Security Camera Laws in Colorado: Everything You Need to Know

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The Colorado River, the Rocky Mountains, ski resorts – and now marijuana is legal . . . what is there to not like about Colorado? But even with all that good stuff, property crime is still a fact of life. Security systems can help protect your property, but you should become familiar with the security camera laws in Colorado before going all out on a complete system.

In this article, we’ll discuss the security camera laws in Colorado, as well as the penalties for violations. We’ll also answer some common questions, such as “Can I install a security camera in my business?” and “Can I install a security camera in my home?”. Finally, we’ll give some tips on how to make sure your security camera is legal.

What are the Security Camera Laws in Colorado?

The short answer is that there are no specific laws in Colorado that regulate the use of security cameras. However, there are general laws that apply to all types of surveillance, and these could potentially be used to regulate security cameras.

Criminal Invasion of Privacy

The most relevant law is Colorado Criminal Code 18-7-801, which prohibits “surveillance of a person in a private place without their consent”. A “private place” is defined as a place where a person has a “reasonable expectation of privacy”, such as a home or office. This law applies to all types of surveillance, not just security cameras.

The important takeaway is to make sure your security cameras are installed in places where people have no expectation of privacy, such as common areas of your business or in places that are frequented by the general public.

Private places such as bathrooms, locker rooms, and dressing rooms should always be avoided. If you accidentally capture someone in a private place, you could be charged with invasion of privacy, even if you had no intention of recording video in the area.

Colorado Singe-Party Consent State

Colorado is a “one-party consent” state when it comes to recording audio conversations. When at least one person in a conversation gives their consent, it is legal to record it in Colorado. Both audio and video recordings are covered by the legislation.

One-party consent is covered under Colorado Criminal Code 18-9-303, which prohibits certain forms of eavesdropping or wiretapping. It is a criminal offense to tap a phone line or use an electronic device to listen in on or record a private conversation.

How this applies to security cameras is that if your camera is recording audio, it must be done in a way that at least one person in the recording consents to the recording. For example, you can have a security camera in your business that records audio, but you should have a sign that tells employees and customers that they are being recorded. This way, at least one person has given their consent.

Penalties for Breaking the Security Camera Laws in Colorado

The penalties for breaking the security camera laws in Colorado depend on the specific offense. In addition to criminal charges, you may also be sued in civil court by the person who was recorded.

Penalties for Violating Colorado Criminal Invasion of Privacy Law

The penalties for violating Colorado Criminal Code 18-7-801, the law that prohibits surveillance of a person in a private place without their consent, are as follows:

-For a first offense, Class 2 misdemeanor punishable by 3 to 12 months in jail and/or a fine of $250 to $1,000

-For a second offense, Class 1 misdemeanor punishable by 6 to 18 months in jail and/or a fine of $500 to $5,000

-For a third or subsequent offense, Class 6 felony punishable by 12 to 18 months in prison and/or a fine of $1,000 to $100,000

Penalties for Violating Colorado Singe-Party Consent Law

The penalties for violating Colorado Criminal Code 18-9-303, the law that prohibits eavesdropping or wiretapping, are as follows:

-Class 6 felony punishable by 12 to 18 months in prison and/or a fine of $1,000 to $100,000

-An offense involving a cordless phone is a Class 2 misdemeanor punishable by 3 to 12 months in jail and/or a fine of $250 to $1,000

Can I Install a Security Camera in My Colorado Home?

Yes, you can install a security camera in your Colorado home as long as you do not violate any of the state’s surveillance laws. Make sure your camera is not recording in any private places, such as bathrooms or bedrooms, and that you have consent from anyone who is being recorded if your camera is recording audio.

You can do this by mounting cameras so that they don’t point into your neighbor’s yard or windows. You may also put a notice on your property stating that you have a CCTV camera in operation.

Can I Install a Security Camera in My Colorado Business?

Yes, you can install security cameras in your Colorado business as long as you’re not violating any of the state’s surveillance laws. Be sure your cameras do not record in any private places, such as bathrooms or locker rooms, and that you have consent from anyone who is being audio recorded.

In Colorado, business owners are allowed to use video surveillance in the workplace for security reasons and to monitor the activity inside their business. This is to make sure the business is running well and to prevent any theft or vandalism. Business owners should also put up signs letting employees and customers know that they are being recorded.

How to File a Complaint if Someone is Violating the Colorado Security Camera Laws

If you believe someone is violating the Colorado security camera laws, you can file a complaint with your local police department, sheriff’s office, or the district attorney’s office. You can also sue the person in civil court. The Colorado Bureau of Investigation can also help.

Where to File a Complaint:

To file a complaint with local law enforcement, go to your local police department, sheriff’s office, or district attorney’s office.

Colorado Bureau of Investigation can also take a complaint about security camera violations. Go to their website or call their office at 303-239-4201.

To sue someone in civil court, you will need to file a lawsuit in your county’s district court.

What Happens After I File a Complaint?

After you file a complaint, an investigation will be launched to determine if a crime was committed. If the person is found to be in violation of the law, they may be charged with a crime and may face penalties such as jail time and/or a fine.

If you file a civil lawsuit, the court will decide if the person violated your privacy rights and whether you are entitled to damages. The court may also order the person to stop recording you without your consent.

It’s important to note that even if the person is not charged with a crime or found liable in a civil lawsuit, they may still be sued for damages by anyone who was recorded without their consent. This is known as a “tort” lawsuit.

What to Include in a Complaint

When filing a complaint, be sure to include all of the relevant information:

-The name and address of the person you believe is violating the law

-The date(s) and time(s) of the incident

-The location where the incident occurred

-A description of what happened

-Any evidence you have, such as photos or videos

-The names of any witnesses

-Any other relevant information

Filing a complaint is the first step in taking action if you believe someone is violating the Colorado security camera laws. By doing so, you can help protect your privacy and hold the person accountable for their actions.

Conclusion

In this article, we have discussed the security camera laws in Colorado. We have covered what business owners are allowed to do with security cameras and what to do if you believe someone is violating these laws. If you are concerned about your privacy being violated, filing a complaint is the first step in taking action.

Security Camera Laws in Other States

The Security Camera Laws in Arizona

The Security Camera Laws in Alaska

The Security Camera Laws in Alabama

FAQs

What is considered illegal surveillance in Colorado?

Illegal surveillance is when a person records another person without their consent in a private place, such as a bathroom or locker room.

Can a neighbor have a camera pointed at my house in Colorado?

It depends. If the camera is pointed at a public place, such as the street or your front yard, then it is most likely legal. However, if the neighbor’s camera is pointed at your private property, such as your bathroom or bedroom, then it may be considered illegal surveillance. The key element is whether the camera invades your reasonable expectation of privacy.

Do surveillance cameras violate the right to privacy?

In general, no, surveillance cameras do not necessarily violate the right to privacy. However, there are some exceptions, such as when the camera is pointed at a private place or when it invades your reasonable expectation of privacy. If you believe your privacy rights have been violated, you can file a complaint with the police or sue the person in civil court.