QUESTION
Why is it illegal to record evidence of a criminal act?
Asked on Feb 20th, 2014 on Criminal Law - Colorado
More details to this question:
I know quite a few people that get bullied a lot, and one big piece of evidence that would make their lives easier would be to record the bully and them committing the act itself. Apparently, I hear that it is illegal to record conversations/confrontations. That part, I understand. I think it should be illegal to record others without consent for MALICIOUS purposes. However, how come there can't be exceptions when this is a criminal case? Why does the law deny the people the right to record evidence of bullying? Why should the people fear of getting sued when the person who would be suing in the first place shouldn't even be able to walk free. Why should the people fear of getting arrested for attempting to gather evidence of a criminal act? It's simply unconstitutional that states don't allow the recording of evidence for legal reasons, not malicious reasons. It's not just that the law forbids the recording of a crime of harassment. Why is it that adults or minors can't take evidence?
2 ANSWERS
It is not illegal to record on camera a person involved in illegal activities.
Answered on Feb 25th, 2014 at 5:22 PM
3 Awards
In Colorado, it is legal to record any events or activities that occur in public so long as you are not hiding your presence (you do not need to show that you are recording, just that you are present). C.R.S. 18-9-304 18-9-304. Eavesdropping prohibited - penalty (1) 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. (2) Eavesdropping is a class 1 misdemeanor.
Answered on Feb 25th, 2014 at 4:52 AM