Virginia Recording Laws

Virginia Recording Law Summary:

Last Updated: January 2025 | Verified against current Va. Code Ann. § 19.2-62

Quick Answer

Virginia is a one-party consent state. You can legally record phone calls and in-person conversations as long as you’re a party to the conversation or have consent from at least one participant. Illegal recording is a Class 6 felony, and civil liability includes $400 per day of violation with a $4,000 minimum.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	Va. Code Ann. § 19.2-62
Criminal Penalty	Class 6 Felony
Civil Damages	$400/day or $4,000 minimum

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Understanding Virginia’s Recording Laws

The Legal Foundation

Virginia’s wiretapping and electronic surveillance laws are found in Title 19.2, Chapter 6 of the Code of Virginia, titled “Interception of Wire, Electronic or Oral Communications.” The key statute is:

• Va. Code Ann. § 19.2-62 – Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions

Under this statute, it’s unlawful to intentionally intercept any wire, electronic, or oral communication without proper consent. However, recording is legal when at least one party to the communication consents.

What Communications Are Covered

Virginia’s recording law applies to:

• Wire communications – Phone calls, including cell phones and VoIP
• Oral communications – In-person conversations where there’s an expectation that the communication is not subject to interception
• Electronic communications – Text messages, emails, video calls

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Virginia, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like neighboring Maryland require everyone in the conversation to agree to be recorded.

Recording Phone Calls in Virginia

Can You Record Phone Calls in Virginia?

Yes. Under Va. Code Ann. § 19.2-62, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you’re in Virginia calling someone in a two-party consent state, the stricter law typically applies. Important: Virginia borders Maryland, which is a two-party consent state. Other states requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland (Virginia’s neighbor)
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: When calling people in two-party consent states (especially Maryland), either inform them or get explicit consent to be safe.

Business Call Recording

Virginia businesses can record calls for quality assurance, training, or compliance. The law specifically provides an exception for telephone and electronic communications service providers acting in the normal course of employment. While not legally required for most businesses, many choose to provide notice. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Virginia when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

The Expectation of Privacy Standard

Virginia law applies to oral communications when speakers have “an expectation that such communication is not subject to interception under circumstances justifying such expectations.” This means you can record in public places without consent because there’s no justified privacy expectation.

When Is It Illegal?

Recording is illegal in Virginia when:

• You’re not a party to the conversation and don’t have consent
• Recording in areas with reasonable expectation of privacy (bathrooms, changing rooms, private residences)
• Using electronic or mechanical devices to intercept communications without consent
• You’re disclosing or using illegally obtained recordings

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others without being present
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Virginia Video Recording Laws

Public Spaces

Virginia has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property and Privacy

On private property, the property owner sets the rules. Virginia also has laws that prohibit:

• Peeping or spying (Va. Code Ann. § 18.2-130)
• Unlawful creation of image of another (Va. Code Ann. § 18.2-386.1)
• Recording someone in a location where they have a reasonable expectation of privacy
• Non-consensual distribution of intimate images

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

Virginia employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under Virginia law, violating company policy could result in termination. Many federal employees in Northern Virginia should also be aware of federal workplace policies.

Recording Police and Government Officials

Can You Record Police Officers in Virginia?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Virginia, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Virginia’s Freedom of Information Act (Va. Code Ann. § 2.2-3700 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• Board of Supervisors meetings
• City council meetings
• School board meetings
• State General Assembly proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Virginia?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Virginia?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DSS Workers?

Yes. Department of Social Services (DSS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by Virginia courts

Can I Use a Dashcam in Virginia?

Yes. Dashcams are legal in Virginia. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Virginia

Are Recordings Admissible in Court?

Recordings made legally under Virginia’s one-party consent law are generally admissible as evidence. Courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in criminal charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Virginia

Criminal Penalties (Va. Code Ann. § 19.2-62)

Violating Virginia’s wiretapping laws is a Class 6 felony.

Offense	Classification	Potential Penalty
Illegal interception	Class 6 Felony	1-5 years imprisonment (or up to 12 months in jail and/or $2,500 fine)
Disclosing intercepted communications	Class 6 Felony	1-5 years imprisonment
Using illegally obtained communications	Class 6 Felony	1-5 years imprisonment

Note: Class 6 felonies in Virginia can be treated as misdemeanors at the court’s discretion, resulting in a maximum of 12 months in jail and/or a $2,500 fine.

Civil Liability

Virginia provides substantial civil remedies for victims of illegal recording:

• Actual damages
• $400 per day of violation, with a minimum of $4,000
• Punitive damages for willful violations
• Attorney’s fees and court costs

Frequently Asked Questions

Is Virginia a one-party consent state?

Yes. Virginia is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Virginia a two-party consent state?

No. Virginia does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Virginia?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Virginia?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Virginia.

Do I need to tell someone I’m recording in Virginia?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Virginia?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Virginia?

Illegal wiretapping is a Class 6 felony, punishable by 1-5 years in prison (or up to 12 months jail and $2,500 fine if treated as a misdemeanor). Civil liability includes $400 per day with a $4,000 minimum, plus attorney fees and potentially punitive damages.

Can recordings be used in divorce court in Virginia?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Related Virginia Laws

• Virginia Car Seat Laws
• Virginia Child Support Laws
• Virginia Hit and Run Laws
• Virginia Lemon Law
• Virginia Sexting Laws
• Virginia Statute of Limitations
• Virginia Whistleblower Laws

Sources and Legal References

Source	Link
Va. Code Ann. § 19.2-62	Virginia Law
Reporters Committee (VA)	RCFP
VA Freedom of Information Act	Virginia Law

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Virginia attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Rev. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.05
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent. Class 6 felony, $400/day civil.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.