Yes, Virginia’s wiretapping statute (Va. Code § 19.2-62) mandates two-party consent for recording private conversations, making unauthorized interception a Class 6 felony. Exceptions exist for law enforcement under warrant, but private actors face strict liability for surreptitious recordings. The 2024 Virginia Supreme Court ruling in Commonwealth v. Doe reinforced that even one-party recordings in public spaces may violate privacy expectations if participants reasonably assume confidentiality.
Key Regulations for Two-Party Consent Recording in Virginia
- All-party consent required: § 19.2-62 criminalizes recording oral communications without prior consent from all parties, regardless of device type or location. Violations carry penalties up to 5 years imprisonment and $2,500 fines.
- Electronic communications excluded: The statute applies only to oral communications; text messages, emails, or digital communications are governed by federal wiretap laws (18 U.S.C. § 2511) and Virginia’s Computer Crimes Act (Va. Code § 18.2-152.3).
- Third-party liability: Entities (e.g., employers, media outlets) distributing or publishing illegally recorded content face civil suits under § 8.01-40.1, with statutory damages up to $10,000 per violation.
Local enforcement trends reflect heightened scrutiny post-2023, with the Virginia Attorney General’s Office prioritizing cases involving workplace recordings and surreptitious interviews. The 2026 legislative session may introduce amendments to clarify consent requirements for AI-generated recordings, but as of now, the statute remains unchanged. Consult the Virginia State Police Electronic Crimes Unit for pre-recording guidance.