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California is an all-party consent state. It is illegal to record a confidential conversation, including private conversations or telephone calls, without consent in California.
In California, all parties to any confidential conversation must give their consent to be recorded. For calls occurring over cellular or cordless phones, all parties must consent before a person can record, regardless of confidentiality. Both civil and criminal penalties are available to victims of illegal recordings.
California is an all-party consent state. It is illegal to record a confidential conversation, including private conversations or telephone calls, without consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC.
Under the federal Wiretap Act, it is illegal for any person to secretly record an oral, telephonic, or electronic communication that other parties to the communication reasonably expect to be private. (18 U.S.C. § 2511.)
There is no Virginia case that has addressed the illegality of videotaping someone without their consent and capturing the oral communications that take place during the videotaping.
In Virginia, it is legal, and often admissible in Court, to record audio of conversations as long as one of the individuals being recorded is a) aware of the recording taking place, and b) consents to being recorded.
Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or record any "wire, oral, or electronic communication" unless one party to the conversation consents.
A recording may be unlawful (under civil law) if it constitutes a misuse of private information, a breach of confidence, a breach of GDPR or Data Protection regulations. One of the questions for the court is whether the individual had a reasonable expectation of privacy in the particular circumstances.
If you can prove that someone recorded you without permission, you may be able to bring criminal charges against them as well as sue them in small claims court. As protected by the Fourth Amendment, you have a right to a reasonable expectation of privacy.
§ 19.2-62: Recording a conversation in violation of Virginia law is considered a felony. Va. Code Ann. A§ 18.22010386.1(C): Violating Virginia's video recording laws is a Class 1 misdemeanor punishable by imprisonment not exceeding 1 year or a fine not exceeding $2500, or both.