{
  "batch": "384-west-virginia-video-recording-and-obscenity-statutes",
  "articles": [
    {
      "id": "learn_r384_west_virginia_video_recording_and_obscenity_statutes_wv_code_index",
      "category": "Safety",
      "title": "[Unverified - being checked] Statutory code index",
      "summary": "[Unverified - being checked] West Virginia's statutes are published on the official West Virginia Code site at code.wvlegislature.gov under a chapter index listing 64 chapters, including Chapter 61 Crimes and Their Punishment and Chapter 62 Criminal Procedure.",
      "body": "West Virginia's statutes are published on the official West Virginia Code site at code.wvlegislature.gov under a chapter index listing 64 chapters, including Chapter 61 Crimes and Their Punishment and Chapter 62 Criminal Procedure.\n\nWhat West Virginia Legislature actually says:\n\n“West Virginia Code”\n\nNote: Anchor record. The page heading 'West Virginia Code' and the chapter list from CHAPTER 1 through CHAPTER 64 are the verbatim evidence.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/",
      "last_verified": "2026-10-16",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "West Virginia Code",
      "volatility": "",
      "from_batch": "384-west-virginia-video-recording-and-obscenity-statutes",
      "subject": "West Virginia Code",
      "topic": "statutory code index",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "failed",
        "label": "Unverified - being checked",
        "reasons": [
          "placeholder_quote_too_short",
          "strong_label_on_weak_content"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r384_west_virginia_video_recording_and_obscenity_statutes_wv_wiretap_one_party_consent",
      "category": "Safety",
      "title": "[Unverified - being checked] Recording and interception statute",
      "summary": "[Unverified - being checked] West Virginia is a one-party-consent jurisdiction: §62-1D-3(e) makes it lawful for a person to intercept a wire, oral or electronic communication where that person is a party to the communication or where one of the parties has given prior consent, unless the interception is for the purpose of committing a criminal or tortious act.",
      "body": "West Virginia is a one-party-consent jurisdiction: §62-1D-3(e) makes it lawful for a person to intercept a wire, oral or electronic communication where that person is a party to the communication or where one of the parties has given prior consent, unless the interception is for the purpose of committing a criminal or tortious act.\n\nWhat West Virginia Legislature actually says:\n\n“(e) It is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or the constitution or laws of this state:”\n\nNote: One-party consent. A two-person shoot where both participants are present and one records is lawful under this subsection because the recorder is a party to the communication. The criminal/tortious-purpose exception means the consent defence is lost if the recording itself is made to further a crime or tort.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D-3/",
      "last_verified": "2026-10-16",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "(e) It is lawful under this article for a person to intercept a wire, oral or electronic communication where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of the United States or the constitution or laws of this state:",
      "volatility": "",
      "from_batch": "384-west-virginia-video-recording-and-obscenity-statutes",
      "subject": "West Virginia Wiretapping and Electronic Surveillance Act",
      "topic": "recording and interception statute",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-wv"
        ],
        "platform": "any",
        "topic": [
          "safety.legal",
          "safety.privacy"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r384_west_virginia_video_recording_and_obscenity_statutes_wv_criminal_invasion_of_privacy",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia Code §61-8-28: video voyeurism / unlawful surveillance",
      "summary": "[Unverified - being checked] §61-8-28 makes it unlawful to knowingly visually portray another person without that person's knowledge while the person is fully or partially nude and in a place where a reasonable person would have an expectation of privacy; a first offence is a misdemeanor punishable by up to one year in jail and/or a $5,000 fine, and a second or subsequent violation is a felony punishable by one to five years and/or a $10,000 fine.",
      "body": "§61-8-28 makes it unlawful to knowingly visually portray another person without that person's knowledge while the person is fully or partially nude and in a place where a reasonable person would have an expectation of privacy; a first offence is a misdemeanor punishable by up to one year in jail and/or a $5,000 fine, and a second or subsequent violation is a felony punishable by one to five years and/or a $10,000 fine.\n\nWhat West Virginia Legislature actually says:\n\n“(b) It is unlawful for a person to knowingly visually portray another person without that other person's knowledge, while that other person is fully or partially nude and is in a place where a reasonable person would have an expectation of privacy. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, shall be confined in a county or regional jail for not more than one year or fined not more than $5,000, or both.”\n\nNote: Consent must be knowing. A two-person shoot stays outside this section if both participants know they are being recorded and agree; the statute targets secret portrayals made without the subject's knowledge.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/61-8-28/",
      "last_verified": "2026-10-16",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "(b) It is unlawful for a person to knowingly visually portray another person without that other person's knowledge, while that other person is fully or partially nude and is in a place where a reasonable person would have an expectation of privacy. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, shall be confined in a county or regional jail for not more than one year or fined not more than $5,000, or both.",
      "volatility": "",
      "from_batch": "384-west-virginia-video-recording-and-obscenity-statutes",
      "subject": "West Virginia Code §61-8-28",
      "topic": "video voyeurism / unlawful surveillance",
      "tags": {
        "lane": "any",
        "stage": "setting_up",
        "region": [
          "us-wv"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal",
          "safety.privacy"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}