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P. Simmons
P. Simmons, Attorney
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Experience:  16 yrs. of trial experience
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is it legal in virginia to tape someone without their knol

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is it legal in virginia to tape someone without their knolwedge
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

That depends. Depends on if the recording is in a public place or not and what the recording was of.

VA is a "one party state" for recording. The law states

An individual who is a party to either an in-person conversation or electronic communication, or who has the consent of one of the parties to the communication, can lawfully record it or disclose its contents. Va. Code Ann. § 19.2-62 (West 2012).

So long as at least one person is aware of the conversation, then the recording can be made.

For a video tape, it is a crime to "secretly photograph or record a person under or through his or her clothing, in a place where the person has a reasonable expectation of privacy." Va. Code Ann. § 18.2-386.

If the recording was made in a non public setting, and made public (for example posted on the internet) the person who was recorded could sue in civil court for invasion of privacy.

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