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The consent of at least one party to a conversation is required to record ?any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations.? Va. Code Ann. §§ 19.2-61, 19.2-62.
California Is a Two-Party Consent State California Penal Code Section 631 and Section 632 make it a misdemeanor to secretly record a conversation without consent from everyone involved.
It is against the law to record a telephone communication or a communication made by a person other than a sender or receiver, without the consent of either the sender or receiver. For civil cases, however, it is not a one-party consent state. There are also different rules for in-person recording vs.
Illegally recording an in-person, telephone or electronic conversation is a felony offense. Va. Code Ann. § 19.2-62.
The law on recording conversations in Virginia is pretty clear: we're a one party consent state. So, as long as one of you is cool with it (yourself included), it is legal to make a recording. Yes, you can record a phone or in person conversation without telling the other person that you are recording.
If you are caught wiretapping (recording conversations without the consent of anyone involved), you could be sued for damages by the injured party. If you are caught wiretapping, you can be charged with a Class 6 Felony. If convicted, you will serve 1 to 5 years in prison and a fine of up to $2,500.