Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 7/5/2012 11:51:32 AM EDT
wondering the laws for recording voice or video, secretly or otherwise.  

Also with police encounters? (example i get pulled over and i turn my iphone on to record the encounter)

I know alot of guys in NOVA record when OCing and in VA as long as one party consents to the recording its legal
Link Posted: 7/5/2012 3:15:58 PM EDT
[#1]
W. Va. Code § 62-1D-3: Recording a wire, oral or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, as long as the recording is not accompanied by a criminal or tortious intent.

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," W. Va. Code § 62-1D-2. In West Virginia Dept. of Health and Human Resources v. Wright, the West Virginia Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994).

Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees and litigation costs. W. Va. Code § 62-1D-12.
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top