Virginia
Virginia Landlord-Tenant Recording Laws: Surveillance and Privacy Rights
Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 8 primary sources cited on this page. How we verify our legal content
Virginia is a one-party consent state under Va. Code 19.2-62, so both landlords and tenants may record any conversation they personally join without notifying the other party. Landlords cannot install cameras inside a rental unit without tenant consent, and doing so violates Virginia's voyeurism statute if the camera captures the tenant nude, undressed, or in a state of intimate exposure.
Recording disputes between landlords and tenants are common in Virginia, whether it involves a tenant documenting repair requests, a landlord installing building security cameras, or either party recording heated conversations during disputes. Virginia's one-party consent law under Va. Code Ann. 19.2-62 gives both landlords and tenants the right to record conversations they participate in, while the Virginia Residential Landlord and Tenant Act (VRLTA) and privacy statutes impose limits on surveillance.
This guide covers the full scope of Virginia law as it applies to recording in landlord-tenant relationships, including tenant recording rights, landlord camera placement, common area surveillance, hidden cameras in rental units, and how recordings function as evidence in housing disputes.
Tenant Recording Rights
Recording Conversations With Your Landlord
As a one-party consent state, Virginia allows you to record any conversation you participate in. For tenants, this means you can record:
- Phone calls with your landlord or property manager
- In-person conversations about repairs, lease terms, or disputes
- Meetings with the landlord during move-in and move-out inspections
- Discussions about rent increases, lease renewals, or termination
- Conversations with maintenance workers acting on the landlord's behalf
You do not need to tell your landlord you are recording. Your participation in the conversation satisfies the legal requirement.
Why Tenants Record
Tenants commonly record interactions with landlords to:
- Document verbal repair promises and maintenance commitments
- Preserve evidence of harassment, threats, or illegal entry
- Record the condition of the property during inspections
- Capture conversations about security deposit disputes
- Create a record of verbal lease modifications
- Document discriminatory statements or behavior
The Civil Admissibility Concern
If you record a phone call with your landlord, be aware of Va. Code 8.01-420.2. Recorded phone conversations are generally not admissible in Virginia civil proceedings unless all parties were aware of the recording. Since most landlord-tenant disputes are civil matters, this limitation is significant.
Strategy: When possible, have important conversations in person rather than by phone. In-person recordings do not face the 8.01-420.2 restriction. Alternatively, announce at the start of a phone call that you are recording, which satisfies the all-party awareness requirement.
Tenant Security Cameras in Rental Units
Tenants can install security cameras inside their own rental unit for personal security. Considerations include:
- Lease restrictions: Some leases prohibit modifications to the property. Wireless, non-drill cameras typically do not violate such restrictions.
- Doorbell cameras: Tenants can use doorbell cameras on their unit's entrance. In multi-unit buildings, check whether the landlord or HOA has restrictions on exterior modifications.
- Common areas: Tenants generally cannot install cameras in shared hallways, lobbies, or other common areas without landlord permission.
- Audio concerns: Cameras with audio recording capability must comply with one-party consent rules.
Landlord Surveillance Rights and Limits
Common Area Cameras
Landlords can install security cameras in common areas of multi-unit buildings where there is no reasonable expectation of privacy:
- Building entrances and lobbies
- Hallways and corridors
- Parking lots and garages
- Laundry rooms (video only, in general areas, not where people change clothes)
- Exterior grounds and walkways
- Pool and fitness areas (not in changing rooms or showers)
- Mail room areas
These cameras serve legitimate security purposes and are generally legal as long as they do not capture footage of areas with privacy expectations.
Prohibited Surveillance of Tenants
Landlords are prohibited from placing cameras in:
- Inside individual rental units without tenant consent
- Bathrooms and restrooms (both in units and common areas)
- Changing areas and locker rooms associated with building amenities
- Areas where the camera can see into a tenant's unit through windows or doors
Capturing a tenant nude, undressed, or in a state of intimate exposure in these areas can constitute a criminal offense under Virginia's voyeurism statute (Va. Code 18.2-386.1); secretly peeping or spying into a tenant's dwelling, regardless of nudity, can also violate the peeping statute (Va. Code 18.2-130).
Audio on Landlord Cameras
If a landlord's security cameras capture audio of tenant conversations, the wiretapping statute may be implicated. Landlords who are not present for and participating in the recorded conversations cannot rely on one-party consent. Options include:
- Disabling audio on all common area cameras
- Not relying on signs: a sign may reduce privacy expectations, but no Virginia law says it makes recording other people's conversations lawful
- Only enabling audio on cameras at access control points (intercom/buzzer systems) where the landlord interacts directly with visitors
Landlord Notice Requirements
Virginia does not have a specific statute requiring landlords to notify tenants about security cameras in common areas. However, providing notice is a best practice that:
- Reduces tenant complaints and disputes
- Deters criminal activity (a primary purpose of security cameras)
- Helps establish that tenants lacked a reasonable expectation of privacy in monitored areas
- Demonstrates good faith in any subsequent legal proceedings
Hidden Cameras in Rental Properties
Criminal Liability
Installing hidden cameras in a rental unit can be a criminal offense in Virginia. A landlord who places a hidden camera capturing a tenant nude, undressed, or in a state of intimate exposure (bedroom, bathroom, or similar private area) faces prosecution under:
- Va. Code 18.2-386.1 (unlawful creation of image): applies when the image captures the tenant totally nude, in undergarments, or in a state of undress exposing the genitals, pubic area, buttocks, or breast, or is otherwise obscene; Class 1 misdemeanor, escalating to Class 6 felony for minor victims or repeat offenders
- Va. Code 18.2-130 (peeping or spying): applies to secretly peeping or spying into a tenant's dwelling, regardless of nudity; a Class 1 misdemeanor
- Va. Code 18.2-130.1 (peeping by electronic device): applies when a landlord, without just cause, uses a camera or other electronic device to secretly peep or spy into or through a window, door, or other opening of a dwelling on property he leases or rents to another, in violation of the occupant's reasonable expectation of privacy, regardless of nudity; a Class 1 misdemeanor
What to Do If You Find a Hidden Camera
If you discover a hidden camera in your Virginia rental unit:
- Document the device with photographs and video before touching it
- Contact law enforcement immediately to report the suspected crime
- Do not remove the device yourself if possible, as it may be evidence
- Contact a tenant rights attorney about potential civil claims
- Notify your landlord in writing (if you suspect someone other than the landlord placed it)
- Consider whether to remain in the unit or request relocation
Civil Remedies for Tenants
Virginia does not recognize a general common-law invasion-of-privacy claim (WJLA-TV v. Levin, 264 Va. 140 (2002)), so a tenant's civil remedies come from statutes. Tenants who are victims of hidden camera surveillance can pursue:
- Civil action under Va. Code 8.01-40.4 for non-consensual intimate images (compensatory damages, punitive damages, attorney fees)
- Civil action under Va. Code 19.2-69 if audio was also recorded (actual damages, but never less than $400 a day or $4,000, whichever is higher)
- Potential lease termination without penalty based on the landlord's material breach
Recording During Property Inspections
Move-In and Move-Out Inspections
Both landlords and tenants benefit from recording move-in and move-out inspections. Virginia's VRLTA (Va. Code § 55.1-1226) governs the return of security deposits and allows landlords to deduct for damages beyond normal wear and tear.
Video recordings of the property's condition at move-in and move-out can:
- Establish the baseline condition of the unit
- Document pre-existing damage
- Provide evidence in security deposit disputes
- Record verbal agreements about the property's condition
Landlord Entry Notifications
Under Va. Code 55.1-1229, except in an emergency or when impractical, landlords must give tenants notice of intent to enter and may enter only at reasonable times; the statute does not set a fixed number of hours for ordinary entry, though it requires at least 72 hours' notice specifically for routine, unrequested maintenance. Tenants can record the landlord's entry to document:
- Whether proper notice was given
- The purpose and duration of the entry
- Any damage caused during maintenance or inspection
- Conversations about needed repairs
Quiet Enjoyment and Surveillance
The Right to Quiet Enjoyment
Virginia's VRLTA has no quiet-enjoyment clause. It limits when a landlord may enter (Va. Code 55.1-1229), gives the landlord no other right of access, and bars using access to harass a tenant. Quiet enjoyment is a common-law lease covenant that protects the tenant's possession and use of the premises, and whether intrusive surveillance breaches it is a question no Virginia statute answers.
Surveillance a tenant may challenge as interfering with that use includes:
- Cameras positioned to monitor a tenant's daily activities in common areas
- Excessive camera coverage that creates a feeling of constant surveillance
- Using cameras to track tenant behavior beyond security purposes
Audio is a separate and more serious problem: a landlord who records tenants' conversations without being part of them risks a Class 6 felony under Va. Code 19.2-62, whatever notice is given.
Constructive Eviction
In extreme cases, intrusive landlord surveillance could constitute constructive eviction, where the landlord's actions make the rental unit effectively uninhabitable or intolerable. If a court finds constructive eviction, the tenant may be entitled to:
- Lease termination without penalty
- Return of security deposit
- Damages for moving costs and increased rent
Recordings as Evidence in Housing Disputes
General Admissibility
Both video and audio recordings can serve as evidence in Virginia housing disputes, including:
- Small claims court cases (security deposit disputes, repair cost recovery)
- General district court cases (eviction proceedings, damage claims)
- Circuit court cases (breach of lease, personal injury, discrimination)
The Phone Recording Limitation
Remember that Va. Code 8.01-420.2 restricts the admissibility of recorded phone conversations in civil proceedings. For landlord-tenant disputes (which are civil), phone recordings where the other party was unaware of the recording are generally inadmissible.
In-person recordings are not subject to this limitation and are typically more useful as evidence in housing disputes.
Virginia Legal Aid Resources
Tenants who need legal assistance with recording and surveillance issues can contact:
- Virginia Legal Aid Society for low-income residents
- Local legal aid organizations
- The Virginia State Bar lawyer referral service
More Virginia Recording Laws
Audio Recording | Video Recording | Voyeurism and Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant Recording | Dashcam Laws | School Recording | Medical Recording
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Frequently Asked Questions
Can I record my landlord in Virginia without telling them?
Yes, for in-person conversations. Virginia's one-party consent law (Va. Code 19.2-62) allows you to record any conversation you participate in without informing the other party. For phone calls, the recording is legal, but it may face admissibility restrictions in civil court under Va. Code 8.01-420.2.
Can my landlord put cameras inside my apartment in Virginia?
No. Landlords cannot install cameras inside individual rental units without tenant consent. A camera capturing a tenant nude, undressed, or in a state of intimate exposure violates Virginia's voyeurism statute (Va. Code 18.2-386.1), and secretly peeping or spying into the unit can violate the peeping statute (Va. Code 18.2-130). Landlords can place cameras in common areas of multi-unit buildings.
Can I install a security camera in my rental unit in Virginia?
Yes. Tenants can install security cameras inside their own units. Wireless cameras that do not require drilling or permanent modifications are best to avoid lease restriction issues. Doorbell cameras on your unit entrance are also generally permitted.
What should I do if I find a hidden camera in my Virginia rental?
Document the device with photos, contact law enforcement immediately, and consult a tenant rights attorney. Do not remove the device if possible, as it is evidence. You may have civil claims under Va. Code 8.01-40.4 for non-consensual intimate images and Va. Code 19.2-69 if audio was also captured.
Can I record a move-out inspection in Virginia?
Yes. Both landlords and tenants can video record move-in and move-out inspections. These recordings can be valuable evidence in security deposit disputes under Virginia's VRLTA (Va. Code § 55.1-1226).
Updates
Added the window, door or other opening element to the description of Va. Code 18.2-130.1.
Added Va. Code 18.2-130.1(A), which makes a landlord's use of a camera or other electronic device to peep into a rented dwelling a Class 1 misdemeanor.
We corrected the claim that a posted sign makes recording tenants' conversations lawful, removed the suggestion of a common-law invasion-of-privacy claim (Virginia limits privacy claims to statutes), fixed the peeping penalty (a Class 1 misdemeanor with no felony tier), replaced the claim that Virginia's landlord-tenant act guarantees quiet enjoyment with what the act actually says about landlord access, and dropped an unsupported emotional-distress damages claim.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the security-deposit-return citation from Va. Code § 55.1-1214 (the move-in damage inspection report section) to Va. Code § 55.1-1226, the VRLTA section that actually governs deposit return and deductions.
Governing law re-checked for recent changes
Corrected the landlord-entry-notice section: Va. Code 55.1-1229 does not set a fixed 24-hour notice period for ordinary entry (it requires only 'reasonable' notice, with a separate 72-hour rule that applies specifically to routine, unrequested maintenance).
Corrected the description of Virginia's hidden-camera statutes (Va. Code 18.2-386.1 and 18.2-130) in four places to match what the statutes actually require: 18.2-386.1 applies only when the recording captures nudity, undress, or obscene exposure, not merely a camera placed in a 'living area' or generic private location.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Code of Virginia, Title 19.2: Criminal Procedure
§ 19.2-62Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptionsIn forcecited in 21 of our articles
A. Except as otherwise specifically provided in this chapter any person who: 1. Intentionally intercepts, endeavors to intercept or procures any other person to intercept or endeavor to intercept, any wire, electronic or oral communication; 2. Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical or other device to intercept any oral communication; 3. Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, electronic or oral communication knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or 4. Intentionally uses, or endeavors to use, the contents of any wire, electronic or oral communication, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; shall be guilty of a Class 6 felony. B. 1.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2025
In the courts (editorial summary, independently checked):Courts read Section 19.2-62 in step with the federal wiretap act. Global Policy Partners, LLC v. Yessin (2009) held that accessing email stored on a destination server is not an intercept, and Wilks v. Commonwealth (1977) held a conversation police recorded through a cooperating coconspirator was not a protected oral communication.
Opinions citing this section in our collection:
- Belmer v. Commonwealth (Court of Appeals of Virginia 2001, 36 Va. App. 448)✓A juvenile arrested for robbery whispered to his mother's boyfriend in a police interview room while a detective listened in; the court found no reasonable expectation of privacy, so Chapter 6, which carries the Section 19.2-62 ban, did not bar the detective's testimony.
- Wilks v. Commonwealth (Supreme Court of Virginia 1977, 217 Va. 885)✓An arson conspirator agreed to be wired and drew the defendant into a taped shop-talk about the fires; the court held the defendant had no justifiable expectation of noninterception, so the talk was not an oral communication protected by Chapter 6 and the tape was admissible.
- Bartnicki v. Vopper (Supreme Court of the United States 2001, 532 U.S. 514)“…16.02 (Supp. 2001); Utah Code Ann. § 77 23a4 (1982); Va. Code Ann. § 19.2-62 (1995); W. Va. Code § 62 -1D-3 (2000)…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Is It Illegal to Video Record Someone Without Their Consent? (2026), Virginia Smart Glasses Recording Laws, US Recording Laws by State (2026): All 50 States Explained
§ 19.2-69Civil action for unlawful interception, disclosure, or useIn forcecited in 10 of our articles
Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall (i) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications and (ii) be entitled to recover from any such person: 1. Actual damages but not less than liquidated damages computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher, provided that liquidated damages shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher, if the wire, electronic, or oral communication intercepted, disclosed, or used is between (i) persons married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice; 2. Punitive damages; and 3. A reasonable attorney fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Few (District Court, E.D. Virginia 2026)“…ing a civil claim for damages under Va. Code § 19.2-69. See Dkt. 1 at 1-3. Cc. Stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Medical Recording Laws: Patient Rights and Healthcare Privacy, Virginia Phone Call Recording Laws: What You Need to Know, Virginia Voyeurism and Hidden Camera Laws: Penalties and Protections
Code of Virginia, Title 18.2: Crimes and Offenses Generally
§ 18.2-130Peeping or spying into dwelling or enclosureIn forcecited in 9 of our articles
A. It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant's reasonable expectation of privacy. B.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…ah Code Ann. § 76-12-306;2 Vt. Stat. Ann. tit. 13, § 2605;3 Va. Code Ann. § 18.2-130;1 (in part),3 Wash. Rev. Code § 9A.44.1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Recording Laws (2026): One-Party Consent Rules, Virginia Audio Recording Laws: One-Party Consent Rules and Penalties, Virginia Security Camera Laws: Home, Business, and HOA Rules
§ 18.2-386.1Unlawful creation of image of another; penaltyIn forcecited in 16 of our articles
A. It is unlawful for any person to knowingly and intentionally create any videographic or still image by any means whatsoever of any nonconsenting person if (i) that person is (a) totally nude; (b) clad in undergarments; (c) in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (d) not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in § 18.2-372, when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location; or (ii) the videographic or still image is created by placing the lens or image-gathering component of the recording device in a position directly beneath or between a person's legs for the purpose of capturing an image of the person's intimate parts or undergarments covering those intimate parts when the intimate parts or undergarments would not otherwise be visible to the general public; and when the circumstances set forth in clause (i) or (ii) are otherwise such that the person being recorded would have a reasonable expectation of privacy. B.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Laws on Recording in Public: Rights and Restrictions, Virginia School Recording Laws: Student, Parent, and Teacher Rights, Virginia Video Recording Laws: Surveillance Rules and Privacy Limits
Code of Virginia, Title 55.1: Property and Conveyances
§ 55.1-1200DefinitionsIn forcecited in 3 of our articles
As used in this chapter, unless the context requires a different meaning: "Action" means any recoupment, counterclaim, setoff, or other civil action and any other proceeding in which rights are determined, including actions for possession, rent, unlawful detainer, unlawful entry, and distress for rent. "Application deposit" means any refundable deposit of money, however denominated, including all money intended to be used as a security deposit under a rental agreement, or property that is paid by a tenant to a landlord for the purpose of being considered as a tenant for a dwelling unit. "Application fee" means any nonrefundable fee that is paid by a tenant to a landlord or managing agent for the purpose of being considered as a tenant for a dwelling unit. "Assignment" means the transfer by any tenant of all interests created by a rental agreement. "Authorized occupant" means a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the financial obligations as a tenant under the rental agreement.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Broggin v. Atlantic Housing Foundation, Inc. (District Court, W.D. Virginia 2025)“…igations; and enumerating remedies from rental agreements. Va. Code §§ 55.1-1200 et. seg. However, the Virginia Supreme…”
- Andrews v. Brown (District Court, E.D. Virginia 2025)“…l obligations as a tenant under the rental agreement.” See Va. Code § 55.1-1200. Because Mr. Andrews was listed only a…”
- Smith v. 4037 Lamplighter Dr LLC (District Court, E.D. Virginia 2025)“…o make Leveco, the property manager, liable as a landlord. Va. Code Ann. § 55.1-1200. Further, the lease that Smith attache…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Ring Doorbell Laws: What You Need to Know in 2026
§ 55.1-1226Security depositsIn forcecited in 2 of our articles
A. No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent. Upon termination of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, such security deposit, whether it is property or money held by the landlord as security as provided in this section, may be applied by the landlord solely to (i) the payment of accrued rent, including the reasonable charges for late payment of rent specified in the rental agreement; (ii) the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with § 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the rental agreement; or (iv) actual damages for breach of the rental agreement pursuant to § 55.1-1251. The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights
§ 55.1-1229Access; consent; correction of nonemergency conditions; relocation of tenant; security systemsIn forcecited in 2 of our articles
A. 1. The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply necessary or agreed-upon services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors. 2. If, upon inspection of a dwelling unit during the term of a tenancy, the landlord determines there is a violation by the tenant of § 55.1-1227 or the rental agreement materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning in accordance with § 55.1-1248, the landlord may make such repairs and send the tenant an invoice for payment. If, upon inspection of the dwelling unit during the term of a tenancy, the landlord discovers a violation of the rental agreement, this chapter, or other applicable law, the landlord may send a written notice of termination pursuant to § 55.1-1245. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Code of Virginia, Title 8.01: Civil Remedies and Procedure
§ 8.01-40.4Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of anotherIn forcecited in 9 of our articles
A. Any person injured by an individual who engaged in conduct that is prohibited under § 18.2-386.1 or 18.2-386.2, whether or not the individual has been charged with or convicted of the alleged violation, may sue therefor and recover compensatory damages, punitive damages, and reasonable attorney fees and costs. B. No action shall be commenced under this section more than two years after the later of (i) the date of the last act in violation of § 18.2-386.1 or 18.2-386.2, (ii) the date on which such person attained 18 years of age, or (iii) the date on which such person discovered or reasonably should have discovered the prohibited conduct. C. Nothing in this section shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f), for content provided by another person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Virginia Employee Monitoring Laws: Workplace Surveillance and Social Media (2026), Virginia Sexting Laws: Legal Consequences and Penalties
§ 8.01-420.2Limitation on use of recorded conversations as evidenceIn forcecited in 16 of our articles
No mechanical recording, electronic or otherwise, of a telephone conversation shall be admitted into evidence in any civil proceeding unless (i) all parties to the conversation were aware the conversation was being recorded or (ii) the portion of the recording to be admitted contains admissions that, if true, would constitute criminal conduct which is the basis for the civil action, and one of the parties was aware of the recording and the proceeding is not one for divorce, separate maintenance or annulment of a marriage. The parties' knowledge of the recording pursuant to clause (i) shall be demonstrated by a declaration at the beginning of the recorded portion of the conversation to be admitted into evidence that the conversation is being recorded. This section shall not apply to emergency reporting systems operated by police and fire departments and by emergency medical services agencies, nor to any communications common carrier utilizing service observing or random monitoring pursuant to § 19.2-62.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1991
Opinions citing this section in our collection:
- Leitman v. McAusland (Court of Appeals for the Fourth Circuit 1991, 934 F.2d 46)“…transcript could not be admitted into evidence pursuant to Va.Code § 8.01-420.2. 5 A state evidentiary rule, such as…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia Dashcam Laws: Installation, Audio, and Evidence Rules, Virginia Workplace Recording Laws: Employee Rights and Employer Rules, Recordings as Evidence: US Court Rules by State
Sources and References
- Va. Code Ann. 19.2-62(law.lis.virginia.gov).gov
- Virginia RLTA(law.lis.virginia.gov).gov
- Va. Code Ann. 18.2-386.1(law.lis.virginia.gov).gov
- Va. Code Ann. 18.2-130(law.lis.virginia.gov).gov
- Va. Code Ann. 55.1-1229 - Landlord Access(law.lis.virginia.gov).gov
- Va. Code Ann. 8.01-420.2(law.lis.virginia.gov).gov
- Va. Code Ann. 8.01-40.4 - Civil action for unlawful creation or dissemination of images(law.lis.virginia.gov).gov
- Va. Code 18.2-130.1 (Peeping or spying into dwelling or occupied building by electronic device or unmanned aircraft system)(law.lis.virginia.gov).gov