Can I legally record a phone call or conversation in Virginia?

Virginia's wiretap statute is one of the more permissive in the South.

1. Consent Rule

Va. Code § 19.2-62 prohibits the intentional interception, attempted interception, or use of any wire, electronic, or oral communication. Subsection (B)(2) exempts a person who is a party to the communication or has prior consent of one party — Virginia is therefore a one-party consent state.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 matches Virginia's one-party standard.

3. In-Person vs Electronic

"Oral communication" under § 19.2-61 requires expectation that the communication is not subject to interception. Wire and electronic communications protected regardless.

4. Cross-Border Calls

When the other party is in an all-party state, the stricter state's law may govern. Federal courts have applied this analysis to media defendants and litigants recording across state lines.

5. Criminal Penalties

Violation of § 19.2-62 is a Class 6 felony — up to 5 years prison or, at the discretion of the jury or court, up to 12 months in jail and a fine up to $2,500. Disclosure of illegally intercepted communications is also criminal.

6. Civil Liability

Va. Code § 19.2-69 authorizes civil action for actual damages, statutory damages of $400 per day of violation or $4,000 (whichever is greater), punitive damages, and reasonable attorney fees. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent or consent of one party; law enforcement under a court order under § 19.2-66; switchboard and service-provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose.

8. Video / Surveillance

Va. Code § 18.2-386.1 (unlawful filming, videotaping or photographing) makes covert recording of intimate areas a Class 1 misdemeanor, elevated to Class 6 felony if the subject is a minor.

This is legal information, not legal advice.