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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.

West Virginia is a one-party consent state when it comes to audio recording, meaning that if you intend on recording a conversation, at least one person in the conversation must consent for the recording to be legal [1]. If you're a participant in a conversation, you can be the one person to consent to the recording.

In WV, you are permitted to record police officers doing their jobs, as long as it does not interfere with their work.

The Video Voyeurism Prevention Act prohibits the photographing or videotaping of a naked person without his or her permission in a gym, tanning salon, dressing room or anywhere else where one expects a ?reasonable expectation of privacy.? Violators can expect fines of up to $100,000 and/or up to a year in prison.

ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. (b) Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned.

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.