In Weld County, a person could be charged with Eavesdropping if they listen to or record a conversation while hiding. While this seems to be something everyone does, it can lead to criminal charges as one Illinois teen found out after recording his conversation with his principal and vice principal. After he was called down to the principal’s office, he started recording the conversation without the knowledge of the principal or vice principal. When he told them that he was recording their conversation, it ended and he was informed that he had committed a crime, for which he was later charged. In his state, the criminal charge was Eavesdropping, and it was a felony offense that could change his life if he were convicted. However, in Colorado it is not a felony it is a misdemeanor and that is still a serious criminal charge. The facts of his particular case might not even support the misdemeanor version of Eavesdropping in Colorado. If the facts of a case don’t match the crime’s statutory description, it might be ripe for dismissal. If you are charged with Eavesdropping, you will need a skilled attorney to help you fight for your rights and future. What is Eavesdropping in Greeley, Colorado?
Eavesdropping Definition in Greeley, Colorado is Defined as 18-9-304 C.R.S.:
Any person not visibly present during a conversation or discussion commits eavesdropping if he:
(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.
Simply put, anytime that you listen to or record a private conversation without the knowledge of at least one of the parties in that conversation, you are committing Eavesdropping. Let’s pretend you suspect your spouse of having an affair and you record their phone calls and listen outside the door while they are taking phone calls, trying to find out if they are cheating. By doing these things, then you could be charged with the criminal charges of Eavesdropping and Wiretapping.
What is Wiretapping Under Weld County, Colorado Law?
Under Colorado and Weld County law, Wiretapping is defined as:
(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.
(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.
(2) Wiretapping is a class 6 felony; except that, if the wiretapping involves a cordless telephone, it is a class 1 misdemeanor.
In Weld County, What is the Difference Between Eavesdropping and Wiretapping?
Although very similar, there is a difference between Eavesdropping and Wiretapping in Weld County. Eavesdropping is when a person listens to or records a conversation while hiding, and Wiretapping is when you record a conversation or electronic communication without the sender / receiver’s consent. In the case above, it seems that the young man would not have been charged with Wiretapping, because there was no electronic based conversation. Even if there were a phone call, he was one of the parties to the call, so he can’t be charged with Wiretapping. He was there in person. Nor could he have been successfully prosecuted for Eavesdropping, because he was in the conversation. You are legally permitted to record either a phone call or an in-person conversation without the knowledge of the other parties. Eavesdropping and Wiretapping only apply when the person doing the recording is not a party of the conversation. You can record YOUR communications with others, legally.
What is the Penalty for Eavesdropping and Wiretapping in Greeley, Colorado?
Eavesdropping in Greeley, Colorado, is a class 1 misdemeanor, with penalties that include 6 to 18 months in jail and a fine of up to $5,000. Wiretapping is generally a class 6 felony in Colorado, unless there is a cordless telephone involved, and then it is a class one misdemeanor.