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Can I tape in West Virginia?

W. Va. Code � 62-1D-3: Recording a wire, oral or electronic communication, or disclosing its contents, is not a violation of West Virginia law when the person recording is a party to the communication or has obtained consent from one of the parties, as long as the recording is not accompanied by a criminal or tortious intent.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," W. Va. Code � 62-1D-2. In West Virginia Dept. of Health and Human Resources v. Wright, the West Virginia Supreme Court held that a woman whose children's screams could be heard by neighbors nevertheless had a reasonable expectation of privacy in her home, for purposes of the wiretapping law. 453 S.E.2d 646 (1994).

Recording any such communication, or disclosing its contents with knowledge of the illegal interception, is a felony punishable by imprisonment for not more than five years and a fine of not more than $10,000. An individual whose communications have been unlawfully intercepted can recover civil damages in the amount of actual damages, but not less than $100 per day of violation, along with punitive damages, attorney fees and litigation costs. W. Va. Code � 62-1D-12.

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