West Virginia
West Virginia Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 9 primary sources cited on this page. How we verify our legal content
West Virginia permits surveillance cameras in public spaces and on your own property, but W. Va. Code 61-8-28 prohibits recording someone who is nude or partially nude, without their knowledge, in a place where they have a reasonable expectation of privacy. The state follows one-party consent for audio under W. Va. Code 62-1D-3, and employers face separate restrictions under W. Va. Code 21-3-20.
Overview of West Virginia Surveillance Camera Laws
West Virginia does not have a single statute that governs all surveillance camera use. Instead, several laws work together to regulate where and how cameras may be used throughout the state. The key statutes include W. Va. Code 61-8-28 (criminal invasion of privacy), W. Va. Code 62-1D-3 (wiretapping and electronic surveillance), W. Va. Code 21-3-20 (workplace electronic surveillance), and W. Va. Code 61-16-2 (unmanned aircraft privacy protections).
The central legal concept running through all of these statutes is the "reasonable expectation of privacy." Surveillance cameras are generally lawful in West Virginia when used in areas where people do not have a reasonable expectation of privacy, such as public streets, front yards, and common areas of businesses. Recording becomes illegal when cameras capture images or audio in private spaces without consent.
Understanding these laws is important for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights under West Virginia law.
Home Security Camera Laws in West Virginia
West Virginia law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping watch over their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installing them.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras become illegal when they are positioned to record areas where people have a reasonable expectation of privacy. Under W. Va. Code 61-8-28, it is unlawful to knowingly visually portray another person without that person's knowledge while they are fully or partially nude in a place where a reasonable person would expect privacy.
Areas where cameras are prohibited include:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying and may undress
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
The statute defines "a place where a reasonable person would have an expectation of privacy" as a location where a reasonable person would believe they could be fully or partially nude without expecting that their body was being visually portrayed by another person.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras such as Ring, Nest, and Arlo are legal in West Virginia. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under West Virginia law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In West Virginia, audio recording is governed separately from video recording under the Wiretapping and Electronic Surveillance Act (W. Va. Code 62-1D). West Virginia follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of passersby, the safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. Anyone who continues a conversation within range of the camera after seeing such a notice has arguably given implied consent.
Workplace Surveillance Camera Laws in West Virginia
West Virginia is one of the few states with a specific statute addressing workplace video surveillance. W. Va. Code 21-3-20 directly regulates the use of electronic surveillance devices by employers.
What Employers Can Do
Employers may install video surveillance cameras in common work areas where employees do not have a reasonable expectation of privacy. Permitted locations include:
- Lobbies, hallways, and reception areas for security purposes
- Parking lots to protect employees and company property
- Warehouses, manufacturing floors, and production areas to monitor operations
- Cash register areas and retail floors to prevent theft
- Loading docks and entry points for security
West Virginia courts have recognized that employees generally do not have a reasonable expectation of privacy in open work areas that are accessible to coworkers and the public.
What Employers Cannot Do
Under W. Va. Code 21-3-20, it is unlawful for any employer, or the agent or representative of an employer, whether public or private, to operate any electronic surveillance device or system for the purpose of recording or monitoring the activities of employees in areas designed for the health or personal comfort of employees or for the safeguarding of their possessions. The statute specifically lists the following prohibited locations:
- Restrooms
- Shower rooms
- Locker rooms
- Dressing rooms
- Employee lounges
This prohibition applies to closed-circuit television systems, video recording devices, and any combination of electronic devices used for monitoring or recording.
Penalties for Employer Violations
| Offense | Fine |
|---|---|
| First offense | $500 |
| Second offense | $1,000 |
| Third and subsequent offenses | $2,000 |
Violations of W. Va. Code 21-3-20 are classified as misdemeanors. While the fines may seem relatively modest, employers also face potential civil liability from employees whose privacy was violated.
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with W. Va. Code 62-1D-3. An employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.
Employee Notification
While W. Va. Code 21-3-20 does not explicitly require employers to post notices about video-only surveillance in common areas, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.
Hidden Cameras and Voyeurism Laws
West Virginia takes hidden camera crimes seriously. The state has multiple statutes addressing voyeurism and criminal invasion of privacy.
W. Va. Code 61-8-28: Criminal Invasion of Privacy
West Virginia Code 61-8-28 makes it unlawful for any person to:
- Knowingly visually portray another person without that person's knowledge while the person is fully or partially nude in a place where a reasonable person would have an expectation of privacy
- Display or distribute visual images of another person with knowledge that those images were obtained in violation of the statute
The statute defines "to visually portray" as creating a reproducible image of a person by photograph, motion picture, video tape, digital recording, or any other mechanical or electronic recording process or device that can preserve a visual image of a person for later viewing. The definition is built around preserving an image for later viewing, so a live view that is never recorded does not clearly fall within it.
Penalties for Criminal Invasion of Privacy
| Offense | Classification | Maximum Jail/Prison Time | Maximum Fine |
|---|---|---|---|
| First offense (recording) | Misdemeanor | Up to 1 year in county/regional jail | $5,000 |
| First offense (distributing images) | Misdemeanor | Up to 1 year in county/regional jail | $5,000 |
| Second or subsequent offense | Felony | Up to 5 years in state correctional facility | $10,000 |
A first-time violation of W. Va. Code 61-8-28 is classified as a misdemeanor. However, any second or subsequent conviction elevates the offense to a felony, with significantly harsher penalties including potential imprisonment in a state correctional facility.
W. Va. Code 61-8-28A: Nonconsensual Disclosure of Intimate Images
West Virginia also has a separate statute, W. Va. Code 61-8-28A, that addresses the nonconsensual disclosure of private intimate images. This law prohibits any person from knowingly and intentionally disclosing, causing to be disclosed, or threatening to disclose an intimate image of another person with the intent to harass, intimidate, threaten, humiliate, embarrass, or coerce.
The statute covers both genuine images captured without consent and fabricated intimate images created through artificial intelligence or other computer technology. A first offense is a misdemeanor carrying up to one year in jail and fines between $1,000 and $5,000. A second or subsequent offense is a felony.
Federal Video Voyeurism Prevention Act
In addition to state law, the federal Video Voyeurism Prevention Act of 2004 (18 U.S.C. 1801) prohibits the knowing capture of images of a person's private areas without consent under circumstances where the person has a reasonable expectation of privacy. This federal law applies on federal property and in the special maritime and territorial jurisdiction of the United States, including federal buildings, military installations, and national parks in West Virginia. Violations carry up to one year of imprisonment and fines.
Audio Recording Laws (One-Party Consent)
West Virginia is a one-party consent state for audio recording. The Wiretapping and Electronic Surveillance Act (W. Va. Code 62-1D) governs the interception and recording of communications.
What the Law Says
Under W. Va. Code 62-1D-3, it is unlawful for any person to intentionally intercept, attempt to intercept, or procure any other person to intercept any wire, oral, or electronic communication, except when:
- The person recording is a party to the communication, or
- One of the parties to the communication has given prior consent to the interception
The statute also provides that the interception must not be done for the purpose of committing any criminal or tortious act.
What One-Party Consent Means in Practice
If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place, as long as you are a party to the conversation.
However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so constitutes illegal wiretapping under West Virginia law.
Criminal Penalties for Illegal Recording
Violating W. Va. Code 62-1D-3 is a felony. Any person convicted of unlawful interception of communications faces:
- Imprisonment of up to 5 years in the state penitentiary
- Fines of up to $10,000
- Or both imprisonment and fines
This is notably more severe than many states, where illegal recording is often classified as a misdemeanor.
Civil Remedies for Illegal Recording
Under W. Va. Code 62-1D-12, any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of the wiretapping statute has a civil cause of action. The victim is entitled to recover:
- Actual damages, but not less than $100 for each day of violation
- Punitive damages at the court's discretion
- Attorney fees and litigation costs
Exceptions to the Recording Law
- Law enforcement acting under proper court authorization may intercept communications
- Communication service providers may intercept communications in the normal course of business
- Consent of one party to the communication makes recording lawful, unless the interception is made for the purpose of committing a criminal or tortious act
- Non-electronic communications uttered by a person who does not have a reasonable expectation of privacy in that communication do not require consent to record
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in West Virginia. While there is no specific statute addressing neighbor camera disputes, several existing laws provide guidance.
When a Neighbor's Camera Is Legal
A neighbor's security camera is generally legal if it:
- Is pointed at the neighbor's own property
- Captures public areas like sidewalks and streets
- Records only video (without audio) of areas in public view
- Does not peer into your windows or private enclosed spaces
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate West Virginia law if it:
- Is deliberately aimed through your windows and captures you fully or partially nude in a space where you reasonably expect privacy
- Records your fully fenced backyard from an elevated position, capturing areas hidden from street view where you have a reasonable expectation of privacy
- Records audio of your private conversations without your consent
- Is a hidden camera placed on your property without your knowledge
- Is a drone used to fly over your property and capture images or video without permission
Steps to Resolve a Camera Dispute
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Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.
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Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.
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Send a written request. Ask your neighbor in writing to adjust the camera angle or position.
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Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of W. Va. Code 61-8-28 are criminal offenses.
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Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.
Physical Solutions
You can also take steps to block a camera's view of your property:
- Install privacy fencing along your property line
- Plant tall hedges or trees to create natural barriers
- Use window film or curtains to block interior views
- Install your own cameras to document any intrusive behavior
Nanny Cam Laws in West Virginia
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific considerations under West Virginia law.
Legal Requirements for Nanny Cams
West Virginia law does not specifically address nanny cameras. However, the general privacy and recording statutes apply. Video-only recording in common areas of your own home is generally legal, as homeowners have the right to monitor what happens in their own living spaces.
Where You Can Place a Nanny Cam
- Living rooms and family rooms where childcare takes place
- Kitchens and dining areas
- Playrooms and nurseries (in common areas)
- Hallways and entryways
Where You Cannot Place a Nanny Cam
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's private use (for live-in nannies)
- Any room where the caregiver changes clothes or has a reasonable expectation of privacy
Under W. Va. Code 61-8-28, recording someone who is fully or partially nude in a place where they have a reasonable expectation of privacy is a criminal offense, even in your own home.
Audio on Nanny Cams
If your nanny cam records audio, West Virginia's one-party consent law under W. Va. Code 62-1D-3 applies. Since you are not present during the conversations being recorded, and neither party to those conversations has consented, recording audio without the caregiver's knowledge could constitute a felony under the wiretapping statute.
The safest approach is to either disable audio recording on your nanny cam or inform the caregiver in writing that audio and video recording takes place in the home. Many legal experts recommend full disclosure about nanny cam use regardless of legal requirements.
Drone Surveillance Laws in West Virginia
West Virginia has a specific statute addressing drone surveillance and privacy. W. Va. Code 61-16-2 regulates the use of unmanned aerial vehicles (UAVs) in the state.
Prohibited Drone Activities
Under W. Va. Code 61-16-2, it is unlawful for any person to operate a drone to:
- Knowingly and intentionally capture photographs, images, video, or audio of another person or private property without that person's permission in a manner that invades their reasonable expectation of privacy, including capturing through a window
- Knowingly and intentionally view, follow, or contact another person using a drone without permission in a manner that invades their reasonable expectation of privacy
- Deploy any substance, material, projectile, or object over the property of a targeted facility
- Conduct surveillance of, or gather evidence about a targeted facility with the intent to do harm
Penalties for Drone Privacy Violations
| Violation | Classification | Maximum Jail Time | Fine Range |
|---|---|---|---|
| Privacy invasion via drone | Misdemeanor | Up to 1 year | $100 to $1,000 |
| Surveillance of targeted facility | Misdemeanor | Up to 1 year | $100 to $1,000 |
| Interfering with manned aircraft | Felony | 1 to 5 years | $1,000 to $5,000 |
Exceptions to Drone Privacy Laws
The drone surveillance restrictions do not apply to:
- Law enforcement agencies acting in compliance with the Fourth Amendment and Article III, Section 6 of the West Virginia Constitution
- News organizations using camera-carrying drones at altitudes greater than 400 feet over private property for legitimate newsgathering purposes
- Property owners surveying their own property or property they have a valid lease, servitude, right-of-way, or other legal right to use
- Commercial drone operators authorized by the Federal Aviation Administration to operate an unmanned aircraft system
Penalties Summary for Surveillance Violations in West Virginia
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Criminal invasion of privacy (1st offense) | W. Va. Code 61-8-28 | Misdemeanor | Up to 1 year | $5,000 |
| Criminal invasion of privacy (2nd+ offense) | W. Va. Code 61-8-28 | Felony | Up to 5 years | $10,000 |
| Distributing images from invasion of privacy | W. Va. Code 61-8-28 | Misdemeanor | Up to 1 year | $5,000 |
| Nonconsensual disclosure of intimate images (1st) | W. Va. Code 61-8-28A | Misdemeanor | Up to 1 year | $1,000 to $5,000 |
| Nonconsensual disclosure of intimate images (2nd+) | W. Va. Code 61-8-28A | Felony | Varies | Varies |
| Illegal wiretapping/recording | W. Va. Code 62-1D-3 | Felony | Up to 5 years | $10,000 |
| Employer surveillance in prohibited area (1st) | W. Va. Code 21-3-20 | Misdemeanor | N/A | $500 |
| Employer surveillance in prohibited area (2nd) | W. Va. Code 21-3-20 | Misdemeanor | N/A | $1,000 |
| Employer surveillance in prohibited area (3rd+) | W. Va. Code 21-3-20 | Misdemeanor | N/A | $2,000 |
| Drone privacy invasion | W. Va. Code 61-16-2 | Misdemeanor | Up to 1 year | $100 to $1,000 |
| Drone interference with manned aircraft | W. Va. Code 61-16-2 | Felony | 1 to 5 years | $1,000 to $5,000 |
| Federal video voyeurism (on federal property) | 18 U.S.C. 1801 | Federal offense | Up to 1 year | Varies |
HOA and Local Regulations
In addition to state law, homeowners in West Virginia may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.
HOA Camera Rules
West Virginia does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.
Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance.
Local Ordinances
Some West Virginia cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances.
Related West Virginia Camera and Privacy Laws
- West Virginia Recording Laws covers the consent rule that governs camera audio in West Virginia.
- West Virginia Security Camera Recording Rules explains the recording-law side of camera use.
- West Virginia Biometric Privacy Laws addresses facial recognition and biometric data.
- West Virginia Ring Doorbell Laws covers video doorbell rules in West Virginia.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
More West Virginia Laws
Frequently Asked Questions
Are home security cameras legal in West Virginia?
Yes. West Virginia homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, cameras cannot be placed in areas where others have a reasonable expectation of privacy, such as bathrooms or guest bedrooms. Under W. Va. Code 61-8-28, secretly recording someone who is nude or partially nude in a private area is a misdemeanor for a first offense, carrying up to one year in jail and a $5,000 fine.
Can my neighbor legally point a security camera at my house in West Virginia?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera captures you fully or partially nude, without your knowledge, inside your home or in a fully fenced area where you have a reasonable expectation of privacy, it could violate W. Va. Code 61-8-28. Section 61-8-28 contains no separate peeping offense, so a camera merely pointed toward your house is generally handled as a civil matter rather than a crime. You can ask the neighbor to adjust the camera angle, file a police report if you believe the recording is illegal, or consult an attorney about a civil invasion of privacy claim.
Is it legal to use a nanny cam in West Virginia?
Yes, you can use a nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. If the nanny cam records audio, you must comply with the one-party consent rule under W. Va. Code 62-1D-3. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver about both audio and video recording or disable the audio feature. Illegal audio recording is a felony in West Virginia.
Can my employer record me at work with security cameras in West Virginia?
Employers in West Virginia may install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. However, W. Va. Code 21-3-20 specifically prohibits electronic surveillance in restrooms, shower rooms, locker rooms, dressing rooms, and employee lounges. Employers who violate this law face misdemeanor fines starting at $500 for a first offense. If cameras record audio, employers must also comply with the one-party consent wiretapping law under W. Va. Code 62-1D-3.
What are the penalties for illegal surveillance in West Virginia?
Penalties depend on the specific violation. Criminal invasion of privacy under W. Va. Code 61-8-28 is a misdemeanor for a first offense (up to 1 year in jail and $5,000 fine) and a felony for repeat offenders (up to 5 years in prison and $10,000 fine). Illegal wiretapping under W. Va. Code 62-1D-3 is always a felony, carrying up to 5 years in prison and a $10,000 fine. Employer surveillance violations under W. Va. Code 21-3-20 carry fines of $500 to $2,000. Drone privacy violations under W. Va. Code 61-16-2 are misdemeanors with up to 1 year in jail and fines between $100 and $1,000.
Updates
Corrected the description of W. Va. Code 61-8-28 by removing a peeping-on-private-property offense that the statute does not contain and restating its definition of "visually portray" in the enacted terms, and removed an insurance-company exception that does not appear in the state drone privacy statute.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected two overstatements: one-party consent under W. Va. Code 62-1D-3 does not cover recordings made to commit a criminal or tortious act (added the qualifier everywhere it was restated), and W. Va. Code 61-8-28 only bars recording someone nude or partially nude, not recording generally in reasonable-expectation-of-privacy areas (narrowed the lead framing, KeyTakeaways, and FAQ restatements to match).
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.
West Virginia Code
§ 61-8-28Criminal invasion of privacy; penalties.In forcecited in 28 of our articles
(a) For the purposes of this section, the words or terms defined in this subsection have the meanings ascribed to them. These definitions are applicable unless a different meaning clearly appears from the context: (1) “A person fully or partially nude” means a male or female who is either clothed or unclothed so that: (A) All or any part of his or her genitals, pubic area or buttocks is visible; or (B) in the case of a female only, a part of a nipple of her breast is visible and is without a fully opaque covering; (2) “To visually portray” a person means to create a reproducible image of that person by means of: (A) A photograph; (B) A motion picture; (C) A video tape; (D) A digital recording; or (E) Any other mechanical or electronic recording process or device that can preserve, for later viewing, a visual image of a person; and (3) “Place where a reasonable person would have an expectation of privacy” means a place where a reasonable person would believe that he or she could, in privacy, be fully or partially nude without expecting that the act of exposing his or her body was being visually portrayed by another person.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2014
Opinions citing this section in our collection:
- Imaginary Images, Inc. v. Evans (Court of Appeals for the Fourth Circuit 2010, 612 F.3d 736)“…8 Pa. Cons. Stat. § 7507.1(e); Utah Code Ann. § 76-5a-2(6); W. Va. Code § 61-8-28(a)(1); Wis. Stat. § 942.08(1)(a). The m…”
- United States v. Thoms (U S Coast Guard Court of Criminal Appeals 2014)“…9-702.7 (West 2013); Vt. Stat. Ann. Tit. 13, § 2605 (2010); W. Va. Code § 61-8-28 (2000). 4 Ariz. Rev. Stat. Ann. § 13-…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Smart Glasses Recording Laws, West Virginia Recording Laws (2026): One-Party Consent Rules, West Virginia Audio Recording Laws: One-Party Consent Guide
§ 62-1D-3Interception of communications generally.In forcecited in 36 of our articles
(a) Except as otherwise specifically provided in this article it is unlawful for any person to: (1) Intentionally intercept, attempt to intercept or procure any other person to intercept or attempt to intercept, any wire, oral or electronic communication; or (2) Intentionally disclose or intentionally attempt to disclose to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral or electronic communication in violation of this article; and (3) Intentionally use or disclose or intentionally attempt to use or disclose the contents of any wire, oral or electronic communication or the identity of any party thereto, knowing or having reason to know that such information was obtained through the interception of a wire, oral or electronic communication in violation of this article. (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.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1999
Opinions citing this section in our collection:
- Bartnicki v. Vopper (Court of Appeals for the Third Circuit 1999, 200 F.3d 109)“…77 -23a-4, 77-23a-11; Va. Code Ann. §§ 19.2-62 , 19.2-69; W. Va.Code §§ 62-1D-3, 62-1D-12; Wis. Stat. § 968.31 ; Wyo.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, One-Party Consent States: Complete 2026 Guide, West Virginia Dashcam Laws: Legality, Mounting, and Evidence Rules
§ 21-3-20Use of video and other electronic surveillance devices by employers prohibited.In forcecited in 17 of our articles
(a) It is unlawful for any employer or the agent or representative of an employer, whether public or private, to operate any electronic surveillance device or system, including, but not limited to, the use of a closed circuit television system, a video-recording device, or any combination of those or other electronic devices for the purpose of recording or monitoring the activities of the employees in areas designed for the health or personal comfort of the employees or for safeguarding of their possessions, such as rest rooms, shower rooms, locker rooms, dressing rooms and employee lounges. (b) Any employer or agent thereof who violates any provision of this section is guilty of a misdemeanor and, if convicted, shall be fined $500 for the first offense. An employer or agent thereof convicted a second time under this provision shall be fined $1,000. For the third and any subsequent offense, the penalty shall be $2,000.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2019
Opinions citing this section in our collection:
- Blackwood v. Berry Dunn, LLC (District Court, S.D. West Virginia 2019)“…out being in an area protected from monitoring by W. Va. Code § 21-3-20, it cannot be said that taking a…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Workplace Recording Laws: Employee and Employer Rights, West Virginia AI Meeting Recording Laws (2026), West Virginia Employee Monitoring Laws: Workplace Surveillance and Social Media (2026)
§ 61-16-2Prohibited use of an unmanned aerial vehicle; criminal penalties.In forcecited in 3 of our articles
(a) Except as authorized by the provisions of this article, it is unlawful for any person to operate an unmanned aerial vehicle: (1) To knowingly and intentionally capture or take photographs, images, video, or audio of another person or the private property of another, without the other person’s permission, in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, capturing, or recording through a window; (2) To knowingly and intentionally view, follow, or contact another person or the private property of another without the other person’s permission in a manner that would invade the individual’s reasonable expectation of privacy, including, but not limited to, viewing, following, or contacting through a window; (3) To knowingly and intentionally harass another person; (4) To violate a restraining order or similar judicial order; (5) To act with a willful wanton disregard for the safety of persons or property; or (6) To knowingly and intentionally operate an unmanned aerial vehicle in a manner that interferes with the official duties of law enforcement personnel or emergency medical personnel.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Drone Laws (2026): Privacy & Penalties
§ 61-8-28ANonconsensual disclosure of private intimate images; definitions; and penalties.In forcecited in 17 of our articles
(a) As used in this section: (1) “Disclose” means to publish, publicly display, distribute, deliver, circulate or disseminate by any means, including, but not limited to, electronic transmission. (2) “Image” means a photograph, videotape, motion picture film, digital recording or any product of any mechanical or electronic recording process or device that can preserve, for later viewing, a visual image. (3) “Intimate parts” means a person’s genitalia, pubic area, anus, or female post-pubescent breasts. (4) To “publicly disclose” means to disclose an image to one or more persons other than those persons whom the person depicted understood would view the image at the time it was captured. (5) “Fabricated intimate image” means an image of an identifiable depicted individual that was created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs and depicts computer-generated intimate parts or the intimate parts of another human being as the intimate parts of the depicted individual.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Video Recording Laws: Privacy Rules and Consent, West Virginia Voyeurism Laws: Hidden Cameras and Privacy Violations, West Virginia AI Laws and Regulation (2026)
§ 62-1D-12Civil liability; defense to civil or criminal action.In forcecited in 20 of our articles
(a) Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled to recover from any such person or persons: (1) Actual damages, but not less than $100 for each day of violation; (2) Punitive damages, if found to be proper; and (3) Reasonable attorney fees and reasonable costs of litigation incurred. (b) A good faith reliance by a provider of electronic or wire communication services on a court order or legislative authorization constitutes a complete defense to any civil or criminal action brought under this article or any other law.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia Landlord-Tenant Recording Laws: Rights and Rules, West Virginia Phone Call Recording Laws: Rules and Consent Guide, West Virginia Security Camera Laws: Rules for Homes and Businesses
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 81 of our articles
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. In this section— the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons; the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; the term “female breast” means any portion of the female breast below the top of the areola; and the term “under circumstances in which that individual has a reasonable expectation of privacy” means— circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts have applied 18 U.S.C. 1801 mainly at its edges. United States v. Johnson (2010) read it as Congress's answer to secretly filming nudity on federal property, acquitting on a child exploitation charge instead. EPIC v. Department of Homeland Security (2011) applied the Section 1801(c) law enforcement exception to a TSA scanner claim.
Opinions citing this section in our collection:
- United States v. Anthony Helton (Court of Appeals for the Fourth Circuit 2019, 944 F.3d 198)“…from this list of federal offenses is video voyeurism under 18 U.S.C. § 1801. Rather than list this statute as an enu…”
- United States v. Johnson (District Court, W.D. Missouri 2010, 719 F. Supp. 2d 1059)✓A weightlifting coach hid a camera to film minors weighing in nude; acquitting him under the child exploitation statute, the court called that conduct plain video voyeurism under section 1801, but noted the section reaches only federal maritime and territorial jurisdiction.
- Electronic Privacy Information Center v. United States Department of Homeland Security (Court of Appeals for the D.C. Circuit 2011, 653 F.3d 1)✓Privacy groups challenged TSA body scanners under the Video Voyeurism Prevention Act; the D.C. Circuit held the statute's exception for lawful law enforcement, correctional, or intelligence activity applied to airport screening, so the section 1801 claim failed.
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), California Voyeurism and Hidden Camera Laws: Penalties and Protections (2026), Delaware Voyeurism Laws: Hidden Cameras, Penalties, and Privacy Protections (2026)
Sources and References
- West Virginia Code 61-8-28: Criminal Invasion of Privacy; Penalties(code.wvlegislature.gov).gov
- West Virginia Code 61-8-28A: Nonconsensual Disclosure of Private Intimate Images(code.wvlegislature.gov).gov
- West Virginia Code 62-1D-3: Interception of Communications; Penalties(code.wvlegislature.gov).gov
- West Virginia Code Article 62-1D: Wiretapping and Electronic Surveillance Act(code.wvlegislature.gov).gov
- West Virginia Code 62-1D-12: Civil Liability for Unlawful Interception(code.wvlegislature.gov).gov
- West Virginia Code 21-3-20: Use of Electronic Surveillance Devices by Employers Prohibited(code.wvlegislature.gov).gov
- West Virginia Code 61-16-2: Prohibited Acts; Penalties (Unmanned Aircraft)(code.wvlegislature.gov).gov
- Video Voyeurism Prevention Act of 2004 (Public Law 108-495)(congress.gov).gov
- 18 U.S.C. 1801: Video Voyeurism(law.cornell.edu)
- West Virginia Privacy Office: Video Voyeurism Prevention Act of 2004(privacy.wv.gov).gov