Notice of Option for Recording - Virginia 2025

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Virginia Code 18.2-386.1 specifically addresses the unlawful filming, videotaping, or photographing of another person without their consent. This can include situations where the person is filmed without their knowledge in a private space, such as their home or a locker room.
It shall be 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 totally nude, clad in undergarments, or in a state of undress so as to expose the genitals, pubic area, buttocks or female in a
Recording of proceedings in district courts. An audio recording of proceedings in a general district court may be made by a party or his counsel.
An individual who is a party to an in-person, telephone or electronic conversation, or who has the consent of one of the parties to the conversation, can lawfully record it or disclose its contents. Va. Code Ann. 19.2-62.
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.

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Under Virginia Code 19.2-62, it is not a criminal offense for a person to record a conversation where that person is a party to the conversation or has the consent of one of the parties to the conversation. Thus, it is not unlawful in Virginia for an employee to record a conversation with their boss or coworker.
Recordation provides constructive notice to any subsequent purchasers that a prior conveyance occurred and therefore protects the prior purchaser in the event of a subsequent conveyance.

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