Privacy · Recording Consent
Is It Legal to Record a Call in Virginia?
Whether you can record a conversation in Virginia, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Virginia
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| One party’s consent is enough | It is not a criminal offense for a person who is a party, or who has one party’s prior consent, to intercept a wire, electronic, or oral communication. Your own consent counts, so you may record a conversation you are part of. |
| Phone, in-person, and electronic are covered | The statute reaches wire (phone), oral (in-person), and electronic communications. In-person audio is protected only where the speaker had a justified expectation that the words were not being intercepted. |
| The criminal exception is worded narrowly | Section 19.2-62(B)(2) is drafted as an exception to being a "criminal offense" only. The civil damages section in §19.2-69 stands on its own footing, so the two must be read separately. |
| Privileged conversations cost more to record | Where the intercepted communication was privileged, such as attorney-client, doctor-patient, or clergy, the civil damages double under §19.2-69, from $400 a day or $4,000 to $800 a day or $8,000. |
| When it is different | What it means |
|---|---|
| Being a party or having prior consent | A participant, or anyone with one party’s prior consent, avoids criminal liability under §19.2-62(B)(2). This is the core one-party exception. |
| Court orders and providers | Court-ordered law enforcement interception, communication-service provider and switchboard ordinary-course activity, and FCC monitoring are all authorized separately. Good-faith reliance on a court order is a complete defense. |
| Readily accessible public communications | Radio or electronic communications readily accessible to the general public fall outside the ban. There is no broad business-extension-phone or general publicly-audible exception beyond the definitional carve-outs. |
What you can do right now
Concrete, neutral steps before you record a conversation in Virginia. This is legal information, not legal advice.
- Record conversations you take part in
As a participant your own consent satisfies §19.2-62(B)(2), so you may record your own Virginia call or conversation without telling the other person.
- Take special care with privileged conversations
Recording a call with a lawyer, doctor, or clergy member without consent doubles the civil damages to $800 a day or $8,000. Treat those conversations as higher risk.
- Get consent on calls into Maryland or D.C.
Maryland is a strict all-party state. If the other participant is there, satisfy the stricter rule by asking everyone first.
- Talk to a Virginia attorney if you are accused
A Class 6 felony carries prison time, and civil damages start at $400 a day. A licensed Virginia attorney can assess your facts, and the Office of the Attorney General handles statewide matters.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Virginia Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Virginia
Virginia is a one-party consent state, so if you are part of a call or conversation you may record it, under Va. Code Ann. §19.2-62(B)(2). Two features set Virginia apart from the standard one-party template. First, Virginia is one of the very few states to double its statutory damages for privileged conversations. Recording a talk that was attorney-client, doctor-patient, or clergy without consent raises the civil exposure from $400 a day or $4,000 to $800 a day or $8,000 under §19.2-69, so the identity of the person on the other end can change what a violation is worth. Second, the consent exception is worded as an exception to being a "criminal offense" only. That is a drafting quirk worth flagging, because the civil damages section stands on its own footing in §19.2-69 and is read separately from the criminal exception. For in-person audio the statute only protects speech where the speaker reasonably expected the words were not being intercepted, while phone and electronic communications are protected without that showing. The practical hazard for many Virginians is geography. The Commonwealth borders Maryland, a strict all-party state, and the District, so a routine call across the river can satisfy Virginia law while still exposing you under Maryland’s. Record your own conversations freely, treat privileged calls with extra care, and get consent whenever a call crosses into a stricter jurisdiction.
Common questions
Can I record my own phone call in Virginia without consent?
Yes. Virginia is a one-party consent state under §19.2-62(B)(2), so your own consent as a participant is enough on a purely in-state call.
I am in Virginia and the other person is in Maryland. Whose law applies?
Both can apply. Virginia’s one-party rule protects you here, but Maryland is a strict all-party state, so the safe move is to get everyone’s consent.
What are damages worth if someone recorded my call with my lawyer?
Double the ordinary figure. Privileged communications carry $800 a day or $8,000, whichever is higher, under §19.2-69, plus punitive damages and attorney fees.
What is the criminal penalty for illegal recording in Virginia?
It is a Class 6 felony, punishable by one to five years in prison, or at the court’s discretion up to twelve months in jail and a fine up to $2,500.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.