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An individual can record or disclose wire, oral, or electronic communications to which he is a party, or if one party to the communication consents in Virginia. Otherwise, it is a felony. Va. Code Ann. § 19.2-62.

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.

Criminal penalties for violating the law include imprisonment for one to five years or, at the discretion of a jury or judge, confinement in jail for up to 12 months and a fine of not more than $2,500, either or both. Va. Legis. 579. A civil cause of action is authorized by statute for $100 per day of violation or $1,000, whichever is greater. Va. Code Ann. § 19.2-69. Punitive damages, attorney fees, and litigation costs can be recovered under the statute as well. Va. Code Ann. § 19.2-69.

Inside Virginia