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Recording

Va. Code 19.2-62 — one party's consent, and a Class 6 felony without it

In Virginia, intentionally intercepting a wire, electronic or oral communication, or disclosing or using what was intercepted, is a Class 6 felony. It is not an offense for a person to intercept a communication they are a party to, or one where a party gave prior consent.

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An oral communication is one made with an expectation of privacy. The law's oral communications are those spoken by a person who shows an expectation that they are not subject to interception, in circumstances that justify that expectation. Words spoken where no such expectation is justified are not what the section protects.

Sources for this section (2)
  1. Va. Code 19.2-62 — Interception, disclosure, etc., of wire, electronic or oral communications unlawful
  2. Va. Code 19.2-61 — Definitions

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.