Recording a wire, oral, or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, so long as the recording is not accompanied by a criminal or tortious intent. W. Va. Code ? 62-1D-3.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. W. Va. Code ? 62-1D-2.
Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. W. Va. Code ? 62-1D-12. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees, and litigation costs. W. Va. Code ? 62-1D-12.