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Is it legal to record a call in Virginia?

Virginia is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it.

The statute

It shall not be a criminal offense under this chapter for a person to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.

Va. Code 19.2-62. Last verified 2026-07-03.source

Penalties under the Virginia statute

The operative penalty language, quoted from the same archived official source:

shall be guilty of a Class 6 felony.

Va. Code 19.2-62.source

Frequently asked questions

Can I record a phone call I am on in Virginia?

Virginia is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the Virginia statute provide?

The archived statute text provides: "shall be guilty of a Class 6 felony." See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.