Is it legal for your spouse to hire a private investigator to tap and record your cell phone conversatation which include confidential work conversations without your consent in CO state?

Answer 1

Federal wiretap laws prohibit taping a conversation without both persons' permission. This does not necessarily mean all audio taped conversations are illegal, if they are taped from three tables away for example. CO may have additional restrictions.

Added: Colorado state communication intercept statute is quoted below:

"13-3005. Interception of wire, electronic and oral communications; installation of pen register or trap and trace device; classification; exceptions

A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either:

1. Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof.

2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion.

3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.

B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which are utilized for wire or electronic communication is guilty of a class 6 felony."

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