The Colorado Crime of Wiretapping and eavesdropping devices prohibited 18-9-302

The first offense of buying, selling, or knowingly having in one’s possession any device used for wiretapping or eavesdropping, when committed with the intent to unlawfully use such device, or knowingly aiding another person in unlawfully manufacturing, buying, selling, or possessing such a device, is a class 2 misdemeanor. 18-9-302

A second or subsequent offense of possessing devices used for wiretapping or eavesdropping is a class 5 felony. 18-9-302

The Colorado Crime of Wiretapping prohibited 18-9-303 (2)

(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  • (e) Repealed. [HB 02-1237](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.

Wiretapping involving a cordless telephone is a class 1 misdemeanor.18-9-303 (2)

Wiretapping that does not involve a cordless telephone is a class 6 felony. 18-9-303 (2)

The Colorado Crime of Eavesdropping prohibited 18-9-304 (2)

Any person not visibly present during a conversation or discussion commits the class 1 misdemeanor offense of eavesdropping if he or she:

  • knowingly overhears or records (or attempts to do so) the conversation without the consent of at least one of the principal parties;
  • intentionally overhears or records the conversation for the purpose of committing, aiding, or abetting the commission of an unlawful act;
  • knowingly uses or discloses (or attempts to do so) the contents of the conversation while knowing or having reason to know that the information was obtained through eavesdropping; or
  • knowingly aiding, authorizing, agreeing with, employing, permitting, or intentionally conspiring with any person to violate the provisions of the eavesdropping statute. 18-9-304 (2)

The Colorado Crime of Abuse of telephone and telegraph service 18-9-306 (1)

Abuse of telephone or telegraph service is a class 3 misdemeanor. 18-9-306 (1)

The Colorado Crime of Obstruction of telephone or telegraph service 18-9-306.5 (2)

Obstruction of telephone or telegraph service is a class 1 misdemeanor.18-9-306.5 (2) 

The Colorado Crime of Telecommunications crime 18-9-309 (2) (a)

Knowingly accessing, using, manipulating, or damaging any telecommunications device without the authority of the owner or person that has lawful possession or use of the device is a class 3 misdemeanor. 18-9-309 (2) (a)

Making, possessing, or using illegal telecommunications equipment is a class 3 misdemeanor. 18-9-309 (2) (b) 

Selling, giving, or advertising illegal telecommunications equipment or instructions for making, assembling, or using illegal telecommunications equipment is a class 3 misdemeanor. 18-9-309 (2) (c) and (2) (d)

Selling, renting, lending, giving, publishing, or otherwise transferring or disclosing to another the number or code of a counterfeited, cancelled, expired, revoked, or nonexistent telephone number, credit card number, or method of numbering or coding telephone numbers without proper authority is a class 3 misdemeanor. 18-9-309 (2) (e)

A second or subsequent offense of any of the telecommunications offenses listed above within five years of the first offense is a class 6 felony. 18-9-309 (2.5)

A person commits a class 4 felony if he or she knowingly uses cloning equipment (or aids, abets, advises, or encourages another person) to:

intercept signals, including signals transmitted to or from a cellular phone, between a telecommunications provider and persons using telecommunications services, or between persons using telecommunications services; or create a cellular phone. 18-9-309 (4)

It is theft, as defined in 18-4-401, to knowingly obtain any telecommunications service by charging such service to or causing such service to be charged to a stolen or fraudulent telephone number, access device, or credit card number, or by any method of code calling, or by installing, rearranging, or tampering with any equipment, physically or electronically, or by the use of any other fraudulent means, method, trick, device, or scheme. 18-9-309 (3) (a)

It is theft, as defined in 18-4-401, to obtain telecommunications services with fraudulent intent through the use of a false name, telephone number, address, or credit card number or through the unauthorized use of the name, telephone number, address, or credit card information of another. 18-9-309 (3)

The Colorado Crime of Unlawful use of information. Any person who, having obtained information pursuant to a court order for wiretapping or eavesdropping, knowingly uses, publishes, or divulges the information to any person or in any manner not authorized by law commits a class 6 felony. 18-9-310

The Colorado Crime of Peace officer personal information on the Internet 18-9-313 (3)

Any person who knowingly makes available on the Internet personal information about a peace officer or the officer’s immediate family member, if the dissemination of the information poses an imminent and serious threat to the peace officer’s safety or the safety of the officer’s immediate family, commits a class 1 misdemeanor. 18-9-313 (3)