Are you facing an Eavesdropping or Wiretapping charge in Weld County? Hire an experienced criminal defense attorney to navigate the complex laws of Wiretapping and Eavesdropping, and get you the best result. The Criminal Defense attorneys at the O’Malley Law Office will discuss each of these criminal charges below. If you are facing Eavesdropping or Wiretapping charges in Fort Collins or Weld County, you can get help here.
Definition of Wiretapping, C.R.S. 18-9-303, in Greeley, Colorado
In Greeley, Wiretapping is defined at C.R.S. 18-9-303, as follows:
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(e) Repealed.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.
In Weld County What is the Definition of Eavesdropping, C.R.S. 18-9-304,
Eavesdropping, C.R.S. 18-9-304, is defined in Weld County as:
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.
What is the Difference Between Wiretapping Criminal Charges and an Eavesdropping Ticket in Windsor, Colorado?
The main difference between Wiretapping and Eavesdropping charges in Windsor, Colorado, is whether you are listening to or recording a PHONE conversation (Wiretapping) or a live and in-person conversation (Eavesdropping), without either parties’ consent. For example, you could be charged with Wiretapping if you pick up the phone a record the conversation that your boss and another employee are having on a separate extension. Eavesdropping could be charged if you are behind the door in an office and hide while two coworkers have a discussion. Often, people commit Wiretapping and Eavesdropping without thinking that it is a criminal offense. In many homes, family members overhear conversations. Once you move away from examples involving family members in your own home, a level of intrusiveness arises and criminal charges can be levied. Then, it is important to have a skilled attorney representing you. Never speak to police if they start asking you about overhearing a conversation. If the police are present and talking to you, their sole purpose is to see if they can charge you with a crime.
What Does a “One Party Consent State” Mean in Colorado?
Simply put, a “One Party Consent State” means that only one party (“party” meaning either the sender or the receiver) needs to know that the conversation is being recorded or listened to. In some states both parties are required to give consent for the conversation to be recorded otherwise Wiretapping charges could be filed.
Sentence and Penalties of Eavesdropping and Wiretapping in Weld County
In Weld County, the sentence for Wiretapping is a class 6 felony, with penalties of 12 to 18 months in Colorado State Prison and a fine of up to $100,000. If the conversation is on a cordless phone, the sentence is a class 2 misdemeanor. Eavesdropping is a class 2 misdemeanor with penalties including up to 120 days in the Weld County Jail and a fine of up to $750.
It is also important to note that in Colorado you can also be charged if you have Eavesdropping or Wiretapping equipment in your possession. If you are buying, selling, or manufacturing a device that could be used to commit one of these crimes, then you can be charged. If convicted, this is also a class 2 misdemeanor.