Is eavesdropping legal in Virginia

Answer 1

In Virginia - - 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).

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).

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 $100 per day of violation or $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.

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Answer 2

Depends... check out Olmstead Vs US in 1928 which agents tapped a bootleggers phone and based their investigation and following arrests on what they got.It got appealed but the court decided that phone lines are not an extension of the defendant's home so they were not protected by the constitutional guarantee of security. Also have the Electronic Communications Privacy Act of 1986 and the USA Patriot Act of 2001 that makes it that much easier to eavesdrop.

Answer 3

Eavesdropping is considered to be illegal in a great many situations. Listening in on someone's medical exam is illegal for example.