Have you been accused of a Wiretapping or Eavesdropping charge in Weld County? If you have, our criminal lawyers understand the intricacies of the Weld County court system and help you find your best defense. Many people commit Eavesdropping and Wiretapping without knowing it and can be charged with this criminal offense. It is increasingly common that men and women hide a recording device in the house or bedroom of their ex. They can get charged for Eavesdropping. With a video recording camera, they can be charged even more seriously, such as Invasion of Privacy for Sexual Gratification. Here are 5 things you should know about Wiretapping and Eavesdropping to understand the charges you face.
1. What is the Different Definitions of Wiretapping and Eavesdropping in Greeley, Colorado?
In Greeley, Colorado, Wiretapping – C.R.S. 18-9-303 – is defined as:
(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(e) Repealed.
(f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
Eavesdropping – C.R.S. 18-9-304 – in Weld County is defined as:
(a) 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
(b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or
(c) 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
(d) Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
It is important to note that the difference between Wiretapping and Eavesdropping is that in Wiretapping you are simply recording a conversation without one of the parties consent, whereas in Eavesdropping you are listening to or recording a conversation while hiding without either parties consent. Even if you do not use the recording, you can still be charged with Eavesdropping. For example, if Samantha thinks that her boyfriend is cheating on her, so she listens to and records his conversations while hiding outside the door to listen. Even if she does not do anything with the recordings, she could be charged with Eavesdropping.
2. Penalties and Sentence for Wiretapping and Eavesdropping in Weld County
In Weld County, Wiretapping is a class 6 felony, and the penalties can include 12 to 18 months in prison and a fine of up to $100,000. If a wireless phone is involved, it is a class 1 misdemeanor. Eavesdropping is a class 1 misdemeanor, with penalties that include 6 to 18 months in jail and a fine of up to $5,000 for a first offense.
3. What Happens if You are one of the Parties Involved in the Call – Can You Be Charged with Wiretapping or Eavesdropping in Greeley, Colorado?
Although the language surrounding Wiretapping and Eavesdropping can be confusing, if you are one of the parties to the phone call, you cannot be charged with an offense.
4. What Does a One-Party Consent Mean in Greeley, Colorado?
In Colorado, you need only the consent of the sender or receiver of a call to tape a conversation and not be charged with Wiretapping or Eavesdropping. In other states, such as California, where two-party consent is needed, you need both the consent of the sender and receiver.
5. Can You Be Charged if You are In Possession of Wiretapping or Eavesdropping Equipment in Weld County?
If you possess Eavesdropping or Wiretapping equipment, if you are buying, selling or you are manufacturing a device that could be used to commit one of these crimes, then you can be charged. If convicted, this is a class 2 misdemeanor with penalties that could include 3 to 12 months in the Weld County Jail, and a fine of up to $1,000.
Have you been falsely accused of an Eavesdropping or Wiretapping charge? Be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
Image by Robin Higgins from Pixabay