|CITATION||Va. Code Ann. § 19.2-62|
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. Otherwise, it is a felony. Va. Code Ann. § 19.2-62.
A lawyer’s recording of a telephone conversation with the consent of one, but not all, parties to the conversation was found to be legal, though unethical, under Virginia law. U.S. v. Smallwood, 365 F.Supp.2d 689 (2005).
|CONSENT REQUIRED||1 party to communication.|
|PENALTIES||A violation is a felony. 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 one hundred dollars ($100) per day of violation or one thousand dollars ($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.|