Legal Question in Criminal Law in Virginia

A woman in Virginia recorded three telephone conversation between herself and I. I was on a cell phone and she made the calls from two VoIP residential telephone lines. I was on a train traveling from Pennsylvania to Maryland, and in a cab for all - in Baltimore - for all of the third call.

I understand that VA allows [or at least decriminalizes] individuals who record calls to which they are a party under an exception (subsection B 2) of Section 19.2-62 of the VA Code. Unlike subsection B 1 which permits "telecommunication employees" to intercept, disclose and use, B 2 only allows the interception; therefore disclosure and use are still prohibited acts... is that a correct reading of the law. Even when the additional permissible disclosures of 19.2-67 are considered; I cannot find anyway that a lawfully intercepted conversation can be disclosed or used under Virginia Law. I spoke to an ACA in Fairfax, and she said that when the woman disclosed and used the information she did not violate any VA law. The is very little case law; and much of it is mangled into violation of other laws.


Asked on 6/30/11, 7:01 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, you have misinterpreted B 2 (in my opinion) which says nothing about

use and/'or disclosure (otherwise Linda Tripp who recorded numerous telephonic

conversations with Monica Lewinsky while employed at the Pentagon could've been subject to prosecution for their subsequent expansive disclosure which eventually led to the impeachment of a sitting president).

I therefore agree with the Fairfax County ACA.

Read more
Answered on 7/04/11, 7:03 am


Related Questions & Answers

More Criminal Law questions and answers in Virginia