Mother Taps all Phone Calls. Is this legal in VA?

My boyfriend lives with his mother in Virginia. Him and I just recently found out from his father that his mother taps and records all phone conversations in the house with a phone conversation recorder she bought from radioshack. This was very upsetting to know that this woman now knows about my personal life too. Is there a law in Virginia against this phone recording?

[cmorris]

I am assuming she is NOT a party to the call. VA is a one-party state. But if she is not a party to it, she cannot. See [URL=http://www.rcfp.org/taping/]http://www.rcfp.org/taping/[/URL].

However, if a call that is recorded happened on her phone, I am unsure if she violated a law. Hopefully, an expert can reply here.

The fact that the recording device came from Radio Shack is irrelevant unless they knew it would be used for illegal purposes. I used to work there.

[rmet4nzkx]

Virginia ia a 1 party state if law enforcement wants a 3rd party tap they have to get a court order, same for Mommy dearest, call the police and report it.

[stealth2]

Wait one - can you PROVE this?

Originally Posted by stealth2

Wait one - can you PROVE this?

My boyfriends father told us where we could find the tapes. Sure enough, we listened to some of them and they were conversations of us, and neither of us knew we were being recorded.

Originally Posted by rmet4nzkx

Virginia ia a 1 party state if law enforcement wants a 3rd party tap they have to get a court order, same for Mommy dearest, call the police and report it.

Are you positive? It seems like it should be highly illegal, but if they sell the machines in Radio Shack, and if it's HER phone line that SHE pays for, is it still illegal? I have proof that she did in fact tape our conversations because we were told where to find the tapes by his father. Neither of us knew we were being taped. Even if it is illegal, could she serve time for a crime like this?

[cmorris]

Va. Code Ann. § 19.2-62: Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.

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," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).

Criminal penalties for violations of the law include imprisonment of not less than one year, but not more than five years, or imprisonment for not more than 12 months and a fine of up to $2,500. Va. Code ann. § 18.2-10. Civil actions are authorized for recovery of actual damages, $100 for each day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs can be recovered as well. Va. Code Ann. § 19.2-69.


From [URL=http://www.rcfp.org/taping/]http://www.rcfp.org/taping/[/URL]