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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.

An individual who is a party to an in-person, telephone or electronic conversation, or who has the consent of one of the parties to the conversation, can lawfully record it or disclose its contents, unless the person is doing so for the purpose of committing a criminal or tortious act. W. Va. Code § 62-1D-3.

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.

Video Recording Law Violators of this law can face fines of up to $100,000 and up to one year in prison. While you can legally record video in public places without consent, if a person asks you to stop recording them, you should stop. The exception to this rule is recording police officers doing their job.

Tuesday Legal Connect- 1-800-642-3617- Call on Tuesday evenings from 6 to 8 p.m. to get general legal information from voluneer lawyers of the West Virginia State Bar.

Generally, in California, you cannot legally record a conversation without the other person's consent, but such evidence may be admissible in criminal cases even if it was unlawfully recorded.