At a glance
Adult subject — e.g., a spouse
Your own minor child
As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”
General (any subject)
Recording & consent
Virginia is a one-party consent state. Under Va. Code § 19.2-62 you may record a wire, oral, or electronic communication if you're a party or one party consents. Secretly recording others' conversations you're not part of is a Class 1 misdemeanor (a felony in some circumstances).
Public conversations with no reasonable expectation of privacy are different. The federal overlay still applies.
Va. Code § 19.2-62Recording law enforcement
Recording on-duty police in public is protected by the First Amendment — Virginia sits in the Fourth Circuit — as long as you don't physically interfere. One-party consent means openly recording a public encounter you're part of raises no wiretap problem.
GPS & vehicle tracking
Virginia has a tracking-device statute: Va. Code § 18.2-60.5 makes it a Class 1 misdemeanor to install and use an electronic tracking device to follow a person through deceptive means and without consent. A registered private investigator acting in the normal course of business, with the property owner's consent, is exempt. Tracking a vehicle you own is generally fine; treat non-consensual tracking as a lawyer question.
Va. Code § 18.2-60.5Private-investigator licensing
Virginia requires a state license to work as a private investigator, registered with the Department of Criminal Justice Services (DCJS) under Va. Code § 9.1-138 and following. Applicants complete training, pass an exam, and meet background requirements.
Va. Code § 9.1-138 et seq. · Regulator: Virginia DCJSOut-of-state investigator reciprocity
Virginia's DCJS publishes a PI reciprocity agreement covering North Carolina, Georgia, Tennessee, Oklahoma, Louisiana, and Florida. It applies only when the investigation originated in the investigator's home state and carries into Virginia, for up to 30 days. Confirm current terms with DCJS.
Va. Code § 9.1-139 · DCJS reciprocity (6 states, 30-day)Hidden cameras in private areas
Knowingly creating an image of a nonconsenting person who is nude or in a state of undress, where they reasonably expect privacy — or filming beneath or between someone's clothing — is unlawful creation of an image in Virginia (Va. Code § 18.2-386.1). Hidden cameras in bedrooms, bathrooms, and changing areas are off-limits.
Va. Code § 18.2-386.1Cameras in your own home / nanny cams
You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks § 18.2-386.1 — and remember audio follows the one-party recording law. Recording others' private conversations you're not part of can be unlawful.
Va. Code §§ 18.2-386.1, 19.2-62Doorbell & outdoor cameras
A doorbell or outdoor camera covering your own porch, yard, or the street is fine — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture private conversations you're not part of. Aim at your property, not through someone else's walls.
Workplace & employee recording
Virginia's one-party consent rule applies at work: someone who is part of a conversation may record it. Secretly recording conversations you're not part of runs into the wiretap statute. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.
Va. Code § 19.2-62Drone surveillance
Virginia extends its privacy protections to drones: Va. Code § 18.2-130.1 (updated in 2023) covers using an unmanned aircraft system to spy into a dwelling, and it's also an offense to use a drone to follow, contact, or capture identifiable images of a person without consent. Using a drone to spy is a crime; general flight and filming from public vantage points remain legal. FAA rules govern the airspace.
Va. Code § 18.2-130.1 · FAA airspace rulesNeed this handled the right way in Virginia?
A licensed Virginia investigator knows these lines and how to gather evidence that holds up. A directory to match you with one is on the way.
What to expect →See an error or an out-of-date citation? Please let us know.
General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official Virginia Codes and consult a licensed Virginia attorney before recording, tracking, installing cameras, or gathering evidence.