West Virginia Recording Laws

West Virginia Recording Law Summary:

Last Updated: January 2025 | Verified against current W. Va. Code § 62-1D-3

Quick Answer

West 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 felony punishable by up to 5 years in prison and $10,000 in fines. An important exception: you cannot record for the purpose of committing a criminal or tortious act.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	W. Va. Code § 62-1D-3
Criminal Penalty	Felony (up to 5 years, $10,000)
Civil Damages	$100/day or actual damages

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Understanding West Virginia’s Recording Laws

The Legal Foundation

West Virginia’s wiretapping and electronic surveillance laws are found in Chapter 62, Article 1D of the West Virginia Code, titled “Wiretapping and Electronic Surveillance Act.” The key statute is:

• W. Va. Code § 62-1D-3 – Interception of wire, oral or electronic communications prohibited; exceptions

Under this statute, it’s illegal to intentionally intercept any wire, oral, or electronic communication without proper consent. However, recording is legal when at least one party to the communication consents, unless the recording is made for criminal or tortious purposes.

What Communications Are Covered

West Virginia’s recording law applies to:

• Wire communications – Phone calls, including cell phones and VoIP
• Oral communications – In-person conversations with a reasonable expectation of privacy
• Electronic communications – Text messages, emails, video calls

One-Party vs. Two-Party Consent Explained

In a one-party consent state like West 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 and Pennsylvania require everyone in the conversation to agree to be recorded.

The “Criminal or Tortious Purpose” Exception

West Virginia law includes an important limitation: you cannot record even your own conversations if the purpose is to commit a criminal or tortious (wrongful) act. This means:

• Recording for blackmail or extortion is illegal
• Recording to facilitate fraud is illegal
• Recording with intent to harass may be illegal
• Recording for legitimate purposes (documentation, evidence, personal records) is legal

Recording Phone Calls in West Virginia

Can You Record Phone Calls in West Virginia?

Yes. Under W. Va. Code § 62-1D-3, 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 West Virginia calling someone in a two-party consent state, the stricter law typically applies. Important: West Virginia borders two two-party consent states:

• Maryland – Requires all-party consent
• Pennsylvania – Requires all-party consent

Other two-party consent states include:

• California
• Connecticut
• Florida
• Illinois
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Washington

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

Business Call Recording

West Virginia businesses can record calls for quality assurance, training, or compliance. While not legally required, many businesses 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 West 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 recording is not for criminal or tortious purposes

The Public Place Exception

West Virginia law applies to communications where parties have a reasonable expectation of privacy. You can record in public places without consent because there’s no justified privacy expectation:

• Public streets and sidewalks
• Parks and outdoor public spaces
• Public areas of businesses
• Government buildings open to the public

When Is It Illegal?

Recording is illegal in West 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)
• Recording for criminal or tortious purposes
• 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

West Virginia Video Recording Laws

Public Spaces

West 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. West Virginia also has laws that prohibit:

• Voyeurism and invasion of privacy
• 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?

West 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 West Virginia law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in West Virginia?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In West 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

West Virginia’s Open Governmental Proceedings Act (W. Va. Code § 6-9A-1 et seq.) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• County commission meetings
• City council meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in West 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 West 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 DHHR Workers?

Yes. Department of Health and Human Resources (DHHR) 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 West Virginia courts

Can I Use a Dashcam in West Virginia?

Yes. Dashcams are legal in West 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 West Virginia

Are Recordings Admissible in Court?

Recordings made legally under West 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 West Virginia

Criminal Penalties (W. Va. Code § 62-1D-3)

Violating West Virginia’s wiretapping laws is a felony offense.

Offense	Classification	Potential Penalty
Illegal interception	Felony	Up to 5 years imprisonment, up to $10,000 fine, or both
Disclosing intercepted communications	Felony	Up to 5 years imprisonment, up to $10,000 fine, or both
Using illegally obtained communications	Felony	Up to 5 years imprisonment, up to $10,000 fine, or both

Civil Liability

West Virginia provides substantial civil remedies for victims of illegal recording:

• Actual damages or $100 per day of violation (whichever is greater)
• Punitive damages for willful violations
• Attorney’s fees and court costs

Frequently Asked Questions

Is West Virginia a one-party consent state?

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

Is West Virginia a two-party consent state?

No. West 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 West Virginia?

Yes. As a participant in the conversation, you can record without telling the other person, as long as it’s not for criminal or tortious purposes.

Can I sue someone for recording me in West 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 West Virginia.

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

Illegal wiretapping is a felony punishable by up to 5 years in prison and/or $10,000 in fines. Civil liability includes $100 per day of violation or actual damages, plus attorney fees and potentially punitive damages.

Can recordings be used in divorce court in West 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 West Virginia Laws

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

Sources and Legal References

Source	Link
W. Va. Code § 62-1D-3	WV Legislature
W. Va. Code Article 62-1D	WV Legislature
Reporters Committee (WV)	RCFP

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 West 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.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent. 5yr/$10k felony.	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.