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Is it legal to record a call in West Virginia?

West 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 is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or the constitution or laws of this state: (f) Notwithstanding the provisions of this article or any other provision of law, an electronic interception as defined by section one,

W. Va. Code 62-1D-3(e). Last verified 2026-07-03.source

Penalties under the West Virginia statute

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

(b) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned.

W. Va. Code 62-1D-3(e).source

Frequently asked questions

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

West 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 West Virginia statute provide?

The archived statute text provides: "(b) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned." 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.