Virginia
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. · 11 primary sources cited on this page. How we verify our legal content
Virginia law permits security cameras on your own property and in public-view areas but prohibits recording a person who is nude or undressed in a place where they reasonably expect privacy. Multiple statutes govern camera use, including Va. Code 18.2-386.1 for intimate-image recording and Va. Code 19.2-62 for one-party consent audio.
Overview of Virginia Surveillance Camera Laws
Virginia does not have a single statute that governs all surveillance camera use. Instead, the state relies on several overlapping laws that address different aspects of video and audio recording. The most important statutes include Va. Code 18.2-386.1 (unlawful creation of image of another), Va. Code 18.2-130 and 18.2-130.1 (peeping or spying into a dwelling), and Va. Code 19.2-62 (interception of wire, electronic, or oral communications).
A "reasonable expectation of privacy" runs through all of these laws, but it is a condition attached to specific prohibited conduct rather than a general ban on recording. Video surveillance is broadly lawful in Virginia, and the criminal statutes reach narrow fact patterns: creating an image of someone who is nude, clad in undergarments, or in a state of undress in a place where they expect privacy; peeping or spying that involves entering another person's property, using a peephole or aperture, or flying a drone; and intercepting audio without the consent of any party.
Understanding how these laws interact is critical for homeowners installing security systems, employers monitoring workplaces, parents using nanny cameras, and anyone dealing with a neighbor who has cameras pointed at their property.
Home Security Camera Laws in Virginia
Virginia law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and watching over their home when they are away. No state law requires 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 deliveries
- Driveways and garages to record vehicle activity and deter theft
- Backyards to monitor your own outdoor spaces
- Common indoor areas such as living rooms, kitchens, and hallways
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Camera placement crosses into criminal territory when the camera captures a person who is nude, clad in undergarments, or in a state of undress in a place where that person reasonably expects privacy:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying and may undress
- Aimed into a neighbor's bedroom, bathroom, or other private interior space, where the camera can capture an image the statute prohibits
- Any area where someone is undressing
Under Va. Code 18.2-386.1, it is unlawful to knowingly and intentionally create a videographic or still image of a nonconsenting person who is totally nude, clad in undergarments, or in a state of undress exposing intimate areas, when the person is in a location where they have a reasonable expectation of privacy. This includes restrooms, dressing rooms, locker rooms, hotel rooms, and bedrooms.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras such as Ring, Nest, and Arlo are legal in Virginia. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in plain public view, there is no reasonable expectation of privacy, and video 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 Virginia law. Position your smart cameras to focus primarily on your own property and public areas to avoid potential issues.
Audio Recording on Home Security Cameras
Many modern security cameras include built-in microphones. In Virginia, audio recording is governed separately from video recording under Va. Code 19.2-62. Virginia follows a one-party consent rule for audio recording. This means you can legally record a conversation if you are a participant in it or if at least one party to the conversation has given prior consent.
For outdoor security cameras that pick up ambient sounds and conversations of people passing by, the legal landscape is less clear. If no party to a conversation consents to being recorded, the recording could violate the wiretapping statute. 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. A person who continues a conversation within range of a clearly posted camera has arguably provided implied consent.
It is worth noting that under Va. Code 8.01-420.2, recorded telephone conversations are only admissible as evidence in civil proceedings if all parties were aware the conversation was being recorded, demonstrated by a declaration at the beginning of the recording. This means that even a lawfully recorded one-party consent audio clip may face admissibility challenges in civil court unless all participants knew about the recording.
Workplace Surveillance Camera Laws in Virginia
Virginia does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law and common-law privacy principles when installing cameras at work.
What Employers Can Do
Employers may install video surveillance cameras in the following areas:
- Lobbies, hallways, and reception areas for building security
- Parking lots to protect employees and company property
- Warehouses and production floors to monitor operations and safety
- Cash register and point-of-sale areas to prevent theft
- Loading docks and building entry points for security
Virginia courts have generally upheld an employer's right to monitor employees with security cameras as long as the monitoring is not unduly invasive and takes place in areas where employees do not have a reasonable expectation of privacy.
What Employers Cannot Do
Even without a specific state statute, employers face legal restrictions based on privacy tort law and federal guidelines:
- Restrooms and changing areas are always off-limits for surveillance
- Locker rooms where employees change clothes are protected
- Break rooms may raise privacy concerns depending on the circumstances and what the camera captures
- Union meeting areas are protected under the National Labor Relations Act, which restricts employer surveillance of union activities
- Private offices where employees have a reasonable expectation of privacy may require notice before cameras are installed
Audio Surveillance at Work
Employers who use cameras with audio recording capabilities must comply with Va. Code 19.2-62. Under Virginia's one-party consent rule, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The Virginia Department of Human Resource Management has published guidance on recording conversations in the workplace, noting that an employee making a recording must be a participant in the conversation to legally record it. Our national guide covers employer recording of conversations in more detail.
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. This transparency helps avoid invasion of privacy claims and potential wiretapping violations.
Employee Privacy Protections
Under Virginia common law, employees have several potential causes of action if an employer engages in overly aggressive surveillance:
- Unreasonable intrusion upon seclusion into an employee's private affairs
- Public disclosure of embarrassing private facts about the employee
- Publicity that places the employee in a false light in the public eye
- Misappropriation of an employee's name or likeness for commercial purposes
These privacy torts allow employees to seek damages if workplace surveillance crosses legal boundaries.
Hidden Cameras and Voyeurism Laws (Va. Code 18.2-386.1)
Virginia takes hidden camera crimes seriously. The state has several statutes that address voyeurism, peeping, and the unlawful creation of intimate images.
Va. Code 18.2-386.1: Unlawful Creation of Image of Another
Virginia Code 18.2-386.1 makes it a crime to knowingly and intentionally create a videographic or still image of a nonconsenting person who is:
- Totally nude, clad in undergarments, or in a state of undress exposing genitals, pubic area, buttocks, or female breast, when the person is in a location such as a restroom, dressing room, locker room, hotel room, motel room, tanning bed, or bedroom where they have a reasonable expectation of privacy
- Recorded by a device placed beneath or between a person's legs for the purpose of capturing an image of intimate parts, regardless of whether the person is wearing clothing
This statute applies broadly to any recording device, including cell phones, hidden cameras, spy cameras, and any other image-capturing technology.
Exceptions to Va. Code 18.2-386.1
The law does not apply to:
- Videographic or still images created by law enforcement officers during a lawful criminal investigation
- Images created by correctional officials or jail officials for security purposes or during investigations of alleged misconduct
Va. Code 18.2-130: Peeping or Spying into a Dwelling
Virginia Code 18.2-130 addresses the traditional "peeping Tom" offense. It makes it unlawful 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 opening of any dwelling
- Use any peephole or other aperture to secretly view a nonconsenting person who is totally nude, clad in undergarments, or in a state of undress in a location where they expect privacy
Note that the first branch requires entry onto someone else's property, and the second requires a peephole or aperture plus a person in a state of undress. A camera mounted on the owner's own land, without more, does not satisfy either branch.
Va. Code 18.2-130.1: Electronic Peeping with Devices or Drones
Virginia Code 18.2-130.1 extends the peeping Tom law to modern technology. It makes it unlawful to:
- Knowingly and intentionally cause an electronic device to enter the property of another to secretly or furtively peep or spy into any dwelling or occupied structure
- Knowingly and intentionally cause an unmanned aircraft system (drone) to secretly or furtively peep or spy into any dwelling or occupied structure without just cause, under circumstances that violate the occupant's reasonable expectation of privacy
The electronic-device branch turns on the device entering the other person's property. Only the drone branch applies without that entry element.
This statute also prohibits landlords and property owners from using electronic devices to spy on tenants in leased properties.
Va. Code 18.2-386.2: Unlawful Dissemination of Images
Virginia Code 18.2-386.2 makes it a crime to maliciously disseminate or sell any videographic or still image of another person who is totally nude or in a state of undress, with the intent to coerce, harass, or intimidate. This statute also covers manipulated or digitally altered images designed to depict an actual person recognizably.
Penalties for Surveillance Violations in Virginia
Virginia imposes significant penalties for illegal surveillance activities. The severity depends on the specific offense, the age of the victim, and the offender's criminal history.
| Violation | Statute | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|---|
| Unlawful image creation (adult victim) | Va. Code 18.2-386.1 | Class 1 Misdemeanor | Up to 12 months | $2,500 |
| Unlawful image creation (victim under 18) | Va. Code 18.2-386.1 | Class 6 Felony | 1 to 5 years | $2,500 |
| Unlawful image creation (2+ prior convictions in 10 years) | Va. Code 18.2-386.1 | Class 6 Felony | 1 to 5 years | $2,500 |
| Peeping or spying into dwelling | Va. Code 18.2-130 | Class 1 Misdemeanor | Up to 12 months | $2,500 |
| Electronic peeping with device or drone | Va. Code 18.2-130.1 | Class 1 Misdemeanor | Up to 12 months | $2,500 |
| Unlawful dissemination of images | Va. Code 18.2-386.2 | Class 1 Misdemeanor | Up to 12 months | $2,500 |
| Illegal wiretapping or interception | Va. Code 19.2-62 | Class 6 Felony | 1 to 5 years | $2,500 |
Under Va. Code 18.2-11, a Class 1 misdemeanor carries confinement in jail for not more than 12 months and a fine of not more than $2,500, or both. Under Va. Code 18.2-10, a Class 6 felony carries imprisonment of not less than one year nor more than five years, or in the discretion of the court, confinement in jail for not more than 12 months and a fine of not more than $2,500, or both.
Civil Remedies
In addition to criminal penalties, victims of unlawful image creation or dissemination can pursue civil action under Va. Code 8.01-40.4. This statute allows victims to recover:
- Compensatory damages for actual harm suffered
- Punitive damages to punish the offender
- Reasonable attorney fees and costs
The civil action does not require a criminal charge or conviction. The statute of limitations is two years from the date of the final violation, the date the victim turned 18, or the date the victim discovered or should have discovered the prohibited conduct, whichever is latest.
Audio Recording Laws in Virginia (One-Party Consent)
Virginia is a one-party consent state for audio recording. Va. Code 19.2-62 governs the interception and recording of wire, electronic, and oral communications.
What the Law Says
It is unlawful to intentionally intercept any wire, electronic, or oral communication unless:
- The person recording is a party to the communication, or
- One of the parties to the communication has given prior consent to the interception
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.
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 Virginia law, which is a Class 6 felony.
Important Limitation on Evidence Admissibility
Virginia has a critical distinction between the legality of making a recording and its admissibility in court. Under Va. Code 8.01-420.2, recorded telephone conversations are only admissible as evidence in civil proceedings if:
- All parties were aware the conversation was being recorded, demonstrated by a declaration at the beginning of the recording, or
- The recording contains statements constituting criminal activity underlying the civil case (excluding divorce and annulment proceedings), and at least one party knew about the recording
This means that while one-party consent recordings are legal to make in Virginia, they may not be usable as evidence in civil court unless all parties knew the recording was occurring or the recording captures criminal activity.
Penalties for Illegal Audio Recording
Violating Va. Code 19.2-62 is a Class 6 felony, punishable by imprisonment of one to five years, or at the court's discretion, up to 12 months in jail and a fine of up to $2,500. This makes illegal wiretapping one of the most severely punished surveillance offenses in Virginia.
Neighbor Disputes Over Security Cameras
Disagreements between neighbors about security cameras are common in Virginia. The law provides some guidance on when a neighbor's camera crosses the line from reasonable security measure to illegal surveillance.
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 of areas in public view
- Does not capture you or a household member in a state of undress inside your home
- Does not record audio of your private conversations without consent
When a Neighbor's Camera May Be Illegal
A neighbor's camera may violate Virginia law if it:
- Captures you or a household member totally nude, clad in undergarments, or in a state of undress in a place where you reasonably expect privacy, which is what Va. Code 18.2-386.1 prohibits
- Records audio of your private conversations without your consent or the consent of any party to the conversation
- Is a hidden camera or other electronic device the neighbor caused to enter your property, which is what Va. Code 18.2-130 and 18.2-130.1 reach
- Uses a drone to secretly or furtively peep or spy into your dwelling, which violates Va. Code 18.2-130.1
A camera that merely points toward your windows from the neighbor's own land is a common complaint, but on its own it does not meet the elements of these criminal statutes. It may still support a civil claim for unreasonable intrusion upon seclusion, and it becomes a criminal matter if it actually records someone in a state of undress.
The practical dividing line in most Virginia neighbor disputes is physical entry. A camera mounted entirely on the neighbor's own land enters nothing, but reaching over a fence to mount hardware, or letting a camera or its bracket overhang the boundary, can support a trespassing complaint and brings the entry-based branches of Va. Code 18.2-130 and 18.2-130.1 into play.
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 Va. Code 18.2-386.1 and Va. Code 18.2-130.1 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. Virginia recognizes the tort of unreasonable intrusion upon seclusion.
Physical Solutions
You can also take practical 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 Virginia
Nanny cameras, or hidden cameras used to monitor caregivers in your home, are generally legal in Virginia with some important restrictions.
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 Va. Code 18.2-386.1, recording someone in a state of undress in a location where they have a reasonable expectation of privacy is a criminal offense, regardless of whether the camera was installed for childcare monitoring purposes.
Audio on Nanny Cams
If your nanny cam records audio, Virginia's one-party consent law under Va. Code 19.2-62 applies. Since you are not present during the conversations being recorded, and no party to those conversations has consented, recording audio without the caregiver's knowledge could violate the wiretapping statute. A violation of the wiretapping law is a Class 6 felony.
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. While Virginia does not require you to disclose the presence of video-only cameras, doing so is recommended to build trust and avoid potential legal complications.
HOA and Condominium Rules in Virginia
In addition to state law, homeowners in Virginia may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or condominium association.
HOA Camera Restrictions
Virginia HOAs generally have the authority to restrict security camera placement through their governing documents, including covenants, conditions, and restrictions (CC&Rs) and architectural guidelines. Common HOA restrictions include:
- Requirements that cameras be aesthetically discreet and not detract from the community's appearance
- Prohibitions on cameras aimed at common areas managed by the association
- Rules about notification to the association before installation
- Restrictions on camera placement on building exteriors in condominium communities
The Virginia Property Owners' Association Act and the Virginia Condominium Act give associations authority to enforce their governing documents, which may include camera policies.
Association Camera Systems
Community associations that install their own camera systems in common areas should develop protocols for:
- How long recordings are stored and retained
- Who has access to footage
- How and when footage is destroyed
- Notice to residents that video surveillance is in use
Associations should also ensure that any audio recording capabilities are disabled or that proper notice is given, to avoid violating Va. Code 19.2-62.
Drone Surveillance Laws in Virginia
Virginia has addressed drone surveillance through Va. Code 18.2-130.1, which was originally enacted in 2017 and amended in 2023. The statute specifically prohibits using an unmanned aircraft system to secretly or furtively peep or spy into any dwelling or occupied structure without just cause, under circumstances that would violate the occupant's reasonable expectation of privacy.
A violation of the drone surveillance provision is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500. The law does not apply to lawful criminal investigations conducted by law enforcement.
In addition to the state peeping statute, drone operators in Virginia must comply with all applicable Federal Aviation Administration (FAA) regulations, including registration requirements and airspace restrictions.
Law Enforcement Surveillance Technology Reporting
Under Va. Code 9.1-116.10, all state and local law enforcement agencies and sheriff's departments in Virginia must annually report to the Department of Criminal Justice Services a list of all surveillance technologies used, accessed, or procured during the previous fiscal year. This report is due by November 1 of each year and must include all surveillance technologies where the agency is the owner, user, or licensee, as well as those accessed from other entities.
This transparency requirement was enacted to provide public accountability for law enforcement use of surveillance tools.
Related Virginia Camera and Privacy Laws
- Virginia Recording Laws covers the consent rule that governs camera audio in Virginia.
- Virginia Security Camera Recording Rules explains the recording-law side of camera use.
- Virginia Biometric Privacy Laws addresses facial recognition and biometric data.
- Virginia Ring Doorbell Laws covers video doorbell rules in 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 Virginia Laws
Frequently Asked Questions
Are home security cameras legal in Virginia?
Yes. 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. The criminal line is drawn by Va. Code 18.2-386.1, which makes it unlawful to create an image of a nonconsenting person who is totally nude, clad in undergarments, or in a state of undress in a place where they reasonably expect privacy, such as a bathroom, guest bedroom, or dressing area. That offense is a Class 1 misdemeanor for adult victims and a Class 6 felony if the victim is under 18.
Can my neighbor legally point a security camera at my house in Virginia?
Usually yes, though the picture depends on what the camera actually records. 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. Virginia's peeping statutes are narrower than most people assume. Va. Code 18.2-130(A) requires the person to enter upon your property, and Va. Code 18.2-130.1(A) requires causing an electronic device to enter your property, so a camera mounted on the neighbor's own land does not meet either one. Va. Code 18.2-130(B) applies only to using a peephole or other aperture to spy on someone who is nude, in undergarments, or in a state of undress, and Va. Code 18.2-130.1(B) applies only to drones. If the camera actually captures you or a household member undressed inside your home, Va. Code 18.2-386.1 can apply. Otherwise your options are practical rather than criminal: ask the neighbor to adjust the angle, block the view, or consult an attorney about a civil intrusion upon seclusion claim.
Is it legal to use a nanny cam in 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 Va. Code 19.2-62. 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 entirely. Violating the wiretapping statute is a Class 6 felony.
Can my employer record me at work with security cameras in Virginia?
Virginia does not have a specific statute addressing workplace video surveillance. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, locker rooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If cameras record audio, employers must comply with Va. Code 19.2-62, which requires at least one party to a conversation to consent to the recording.
What are the penalties for illegal surveillance in Virginia?
Penalties depend on the specific violation. Unlawful creation of an image under Va. Code 18.2-386.1 is a Class 1 misdemeanor (up to 12 months in jail and $2,500 fine) when the victim is an adult, and a Class 6 felony (1 to 5 years in prison) when the victim is under 18 or the offender has two or more prior convictions within 10 years. Illegal wiretapping under Va. Code 19.2-62 is a Class 6 felony. Peeping or spying under Va. Code 18.2-130 and 18.2-130.1 is a Class 1 misdemeanor. Victims may also pursue civil damages under Va. Code 8.01-40.4, including compensatory damages, punitive damages, and attorney fees.
Updates
Corrected the scope of Virginia’s peeping and unlawful-image statutes, which the page had described more broadly than their text supports, removed an unsourced neighbor-dispute anecdote, and fixed a malformed link that had swallowed a paragraph in the workplace audio section.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
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 18.2: Crimes and Offenses Generally
§ 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 Landlord-Tenant Recording Laws: Surveillance and Privacy Rights, Virginia Laws on Recording in Public: Rights and Restrictions, Virginia School Recording Laws: Student, Parent, and Teacher Rights
§ 18.2-130.1Peeping or spying into dwelling or occupied building by electronic device or unmanned aircraft system; penaltyIn forcecited in 2 of our articles
A. It is unlawful for any person to knowingly and intentionally cause an electronic device to enter the property of another to secretly or furtively peep or spy or attempt to peep or spy into or through a window, door, or other aperture of any building, structure, or other enclosure 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
Also relied on in: Virginia Ring Doorbell Laws: What You Need to Know in 2026
§ 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 Security Camera Laws: Home, Business, and HOA Rules, Virginia Video Recording Laws: Surveillance Rules and Privacy Limits, Virginia Voyeurism and Hidden Camera Laws: Penalties and Protections
§ 18.2-386.2Unlawful dissemination or sale of images of another; penaltyIn forcecited in 10 of our articles
A. Any person who, with the intent to coerce, harass, or intimidate, maliciously disseminates or sells any videographic or still image created by any means whatsoever that depicts another person (i) who is totally nude; (ii) who is in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast; or (iii) whose genitals, pubic area, buttocks, or female breast are not exposed but such videographic or still image is obscene as defined in § 18.2-372 where such person knows or has reason to know that he is not licensed or authorized to disseminate or sell such videographic or still image is guilty of a Class 1 misdemeanor. For purposes of this subsection, "another person" includes a person whose image was used in creating, adapting, or modifying a videographic or still image with the intent to depict an actual person and who is recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic. B.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at law.lis.virginia.gov
Also relied on in: Virginia AI Laws and Regulation (2026), Virginia Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Virginia Sexting Laws: Legal Consequences and Penalties
§ 18.2-10Punishment for conviction of felony; penaltyIn forcecited in 7 of our articles
The authorized punishments for conviction of a felony are: (a) For Class 1 felonies, imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. Any person who was 18 years of age or older at the time of the offense and who is sentenced to imprisonment for life upon conviction of a Class 1 felony shall not be eligible for (i) parole, (ii) any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1, or (iii) conditional release pursuant to § 53.1-40.01 or 53.1-40.02. (b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000. (d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 46 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Roper v. Simmons (Supreme Court of the United States 2005, 543 U.S. 551)“…minimum age) *580 Virginia Va. Code Ann. § 18.2-10 (a) (Lexis 2004) (minimum age…”
- Coker v. Georgia (Supreme Court of the United States 1977, 433 U.S. 584)“…5); Tenn. Code Ann. §§ 39-2402 , 39-2406, 39-3702 (1975); Va. Code Ann. §§ 18.2-10 , 18.2-31 (1975). Brief for Respondent…”
- Sumner v. Shuman (Supreme Court of the United States 1987, 483 U.S. 66)“…Tit. 21, §§ 701.7, 701.9 to 701.15 (1981 and Supp. 1986); Va. Code §§ 18.2-10(a) and 18.2-31(c) (1975), amended and c…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Hit and Run Laws in the United States (2026 Guide), Virginia Smart Glasses Recording Laws, How Long Is a Life Sentence in Virginia? (2026 Guide)
§ 18.2-11Punishment for conviction of misdemeanorIn forcecited in 4 of our articles
The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both. (b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both. (c) For Class 3 misdemeanors, a fine of not more than $500. (d) For Class 4 misdemeanors, a fine of not more than $250. For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
Cited in 27 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Commonwealth v. White (Virginia Circuit Court 2002, 58 Va. Cir. 154)“…meanors carry a possible sentence of twelve months in jail. Va. Code § 18.2-11(a). Upon discovery of this violation…”
- Virginia v. Moore (Supreme Court of the United States 2008, 553 U.S. 164)“…le under Virginia law by a year in jail and a $2,500 fine, Va. Code Ann. §§18.2-11 (Lexis 2004), 18.2-272 (Supp. 2007), 4…”
- Richard Weidman v. Exxon Mobil Corporation (Court of Appeals for the Fourth Circuit 2015, 776 F.3d 214)“…months and a fine of not more than $2,500, either or both.” Va. Code Ann. § 18.2-11(a).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Virginia GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), Virginia Recording Laws (2026): One-Party Consent Rules
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 2026-08-31 · 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: One-Party Consent States: Complete 2026 Guide, District of Columbia Phone Call Recording Laws: Consent Rules and Interstate Calls, Virginia Dashcam Laws: Installation, Audio, and Evidence Rules
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 Employee Monitoring Laws: Workplace Surveillance and Social Media (2026), Revenge Porn Laws by State: All 50 States and DC (2026), Virginia Pornography Laws (2026): Legal for Adults, AV Required for Sites
§ 8.01-420.2Limitation on use of recorded conversations as evidenceIn forcecited in 13 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 Audio Recording Laws: One-Party Consent Rules and Penalties, Virginia Medical Recording Laws: Patient Rights and Healthcare Privacy, Virginia Phone Call Recording Laws: What You Need to Know
Code of Virginia, Title 9.1: Commonwealth Public Safety
§ 9.1-116.10Surveillance technology reporting by state and local law-enforcement agencies and sheriff's departmentsIn force
A. For purposes of this section, "surveillance technology" means any electronic surveillance device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, behavioral, or similar information or communications specifically associated with, or capable of being associated with, any specific individual, group, or place or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov
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Sources and References
- Va. Code 18.2-386.1 - Unlawful creation of image of another; penalty(law.lis.virginia.gov).gov
- Va. Code 19.2-62 - Interception of wire, electronic or oral communications(law.lis.virginia.gov).gov
- Va. Code 18.2-130 - Peeping or spying into dwelling or enclosure(law.lis.virginia.gov).gov
- Va. Code 18.2-130.1 - Peeping or spying into dwelling by electronic device or unmanned aircraft system(law.lis.virginia.gov).gov
- Va. Code 18.2-386.2 - Unlawful dissemination or sale of images of another(law.lis.virginia.gov).gov
- Va. Code 8.01-40.4 - Civil action for unlawful creation or dissemination of images(law.lis.virginia.gov).gov
- Va. Code 18.2-11 - Punishment for conviction of misdemeanor(law.lis.virginia.gov).gov
- Va. Code 18.2-10 - Punishment for conviction of felony(law.lis.virginia.gov).gov
- Va. Code 8.01-420.2 - Limitation on use of recorded conversations as evidence(law.lis.virginia.gov).gov
- Va. Code 9.1-116.10 - Surveillance technology reporting by law enforcement(law.lis.virginia.gov).gov
- Virginia DHRM - Recording Conversations in the Workplace Guide (2020)(dhrm.virginia.gov).gov