{
  "batch": "880-west-virginia-recording-consent-one-party-or-two-party",
  "articles": [
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_anchor",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: statutory code index",
      "summary": "[Unverified - being checked] West Virginia's Wiretapping and Electronic Surveillance Act is located in West Virginia Code Chapter 62, Article 1D, pages 62-1D-1 through 62-1D-16, containing 16 sections governing electronic surveillance, interception of communications, and privacy protections.",
      "body": "West Virginia's Wiretapping and Electronic Surveillance Act is located in West Virginia Code Chapter 62, Article 1D, pages 62-1D-1 through 62-1D-16, containing 16 sections governing electronic surveillance, interception of communications, and privacy protections.\n\nWhat West Virginia Legislature actually says:\n\n“ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. [§62-1D-1. Short title.] This act shall be known and may be cited as the \\\"West Virginia Wiretapping and Electronic Surveillance Act.\\\"”\n\nNote: Anchor record. The page header shows the Act's title and that it contains sections 62-1D-1 through 62-1D-16 governing wiretapping and electronic surveillance in West Virginia.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "ARTICLE 1D. WIRETAPPING AND ELECTRONIC SURVEILLANCE ACT. [§62-1D-1. Short title.] This act shall be known and may be cited as the \\\"West Virginia Wiretapping and Electronic Surveillance Act.\\\"",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "statutory code index",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_consent_one_party",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: consent regime",
      "summary": "[Unverified - being checked] West Virginia requires one-party consent for legal interception of wire, oral or electronic communications, allowing any party to a communication to consent to its interception.",
      "body": "West Virginia requires one-party consent for legal interception of wire, oral or electronic communications, allowing any party to a communication to consent to its interception.\n\nWhat West Virginia Legislature actually says:\n\n“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: From §62-1D-3(e). One-party consent is explicitly authorized under the Wiretapping Act.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D-3/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "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": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "consent regime",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "access.id"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_video_audio_distinction",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: video versus audio recording distinction",
      "summary": "[Unverified - being checked] West Virginia law distinguishes between wire/oral/electronic communications interception and video interception, with the Wiretapping Act specifically covering audio-only communications while video interception is regulated under Article 1F for home entries.",
      "body": "West Virginia law distinguishes between wire/oral/electronic communications interception and video interception, with the Wiretapping Act specifically covering audio-only communications while video interception is regulated under Article 1F for home entries.\n\nWhat West Virginia Legislature actually says:\n\n“Notwithstanding the provisions of this article or any other provision of law, an electronic interception as defined by section one, article one-f of this chapter, is regulated solely by the provisions of article one-f of this chapter, and no penalties or other requirements of this article are applicable.”\n\nNote: From §62-1D-3(f). Electronic interception (which includes video) is regulated by Article 1F, not Article 1D.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "Notwithstanding the provisions of this article or any other provision of law, an electronic interception as defined by section one, article one-f of this chapter, is regulated solely by the provisions of article one-f of this chapter, and no penalties or other requirements of this article are applicable.",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "video versus audio recording distinction",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.coperformer"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_penalty_classification",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: penalty classification",
      "summary": "[Unverified - being checked] Violations of West Virginia's Wiretapping and Electronic Surveillance Act constitute felony offenses with penalties of up to 5 years imprisonment and/or $10,000 fines, with civil remedies also available including actual damages of at least $100 per day.",
      "body": "Violations of West Virginia's Wiretapping and Electronic Surveillance Act constitute felony offenses with penalties of up to 5 years imprisonment and/or $10,000 fines, with civil remedies also available including actual damages of at least $100 per day.\n\nWhat West Virginia Legislature actually says:\n\n“Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned.”\n\nNote: From §62-1D-3(b). Criminal penalties are up to 5 years imprisonment and $10,000 fine. Civil remedies from §62-1D-12(a) include $100 minimum damages per day.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D-3/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "Any person who violates subsection (a) of this section is guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary for not more than five years or fined not more than $10,000 or both fined and imprisoned.",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "penalty classification",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_law_enforcement_exception",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: law enforcement exceptions",
      "summary": "[Unverified - being checked] West Virginia law enforcement officers may intercept communications without consent under Article 1F for emergencies in homes, while Article 1D provides broader interception authority for criminal investigations with court orders.",
      "body": "West Virginia law enforcement officers may intercept communications without consent under Article 1F for emergencies in homes, while Article 1D provides broader interception authority for criminal investigations with court orders.\n\nWhat West Virginia Legislature actually says:\n\n“ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. [§62-1F-1. Definitions.] As used in this article, unless the context in which used clearly requires otherwise, the following terms have the meanings indicated:”\n\nNote: From §62-1F-1. Article 1F governs home interceptions, providing additional exceptions for law enforcement emergencies.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1F/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. [§62-1F-1. Definitions.] As used in this article, unless the context in which used clearly requires otherwise, the following terms have the meanings indicated:",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "law enforcement exceptions",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_equipment_manufacture_exception",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: equipment manufacture exception",
      "summary": "[Unverified - being checked] West Virginia allows manufacturers, law enforcement, and government contractors to assemble, possess, or sell interception devices when used in the normal course of business or official duties.",
      "body": "West Virginia allows manufacturers, law enforcement, and government contractors to assemble, possess, or sell interception devices when used in the normal course of business or official duties.\n\nWhat West Virginia Legislature actually says:\n\n“It is lawful under this section for:\n\n(1) A provider of wire or electronic communication services or an officer, agent, or employee of, or a person under contract with, any such provider, in the normal course of business of the provider to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;\n\n(2) A person under contract with the United States, a state, a political subdivision of a state, or the District of Columbia, in the normal course of the activities of the United States, a state, a political subdivision thereof, or the District of Columbia, to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;\n\n(3) An officer, agent or employee of the United States in the normal course of his or her lawful activities to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications.”\n\nNote: From §62-1D-4(b). Multiple exceptions allow interception devices for official purposes.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D-4/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "It is lawful under this section for:\n\n(1) A provider of wire or electronic communication services or an officer, agent, or employee of, or a person under contract with, any such provider, in the normal course of business of the provider to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;\n\n(2) A person under contract with the United States, a state, a political subdivision of a state, or the District of Columbia, in the normal course of the activities of the United States, a state, a political subdivision thereof, or the District of Columbia, to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications;\n\n(3) An officer, agent or employee of the United States in the normal course of his or her lawful activities to manufacture, assemble, possess or sell any electronic, mechanical or other device which is designed for or which is primarily useful for the purpose of the illegal interception of wire, oral or electronic communications.",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "equipment manufacture exception",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1d_civil_remedies",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: civil remedies",
      "summary": "[Unverified - being checked] West Virginia provides comprehensive civil remedies for violations including actual damages of at least $100 per day, punitive damages, and attorney fees and costs for successful plaintiffs.",
      "body": "West Virginia provides comprehensive civil remedies for violations including actual damages of at least $100 per day, punitive damages, and attorney fees and costs for successful plaintiffs.\n\nWhat West Virginia Legislature actually says:\n\n“Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled to recover from any such person or persons:\n\n(1) Actual damages, but not less than $100 for each day of violation;\n\n(2) Punitive damages, if found to be proper; and\n\n(3) Reasonable attorney fees and reasonable costs of litigation incurred.”\n\nNote: From §62-1D-12(a). Civil remedies include statutory minimum damages, punitive damages, and attorney fees.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1D-12/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "Any person whose wire, oral or electronic communication is intercepted, disclosed, used or whose identity is disclosed in violation of this article shall have a civil cause of action against any person who so intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use the communications, and shall be entitled to recover from any such person or persons:\n\n(1) Actual damages, but not less than $100 for each day of violation;\n\n(2) Punitive damages, if found to be proper; and\n\n(3) Reasonable attorney fees and reasonable costs of litigation incurred.",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "civil remedies",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r880_west_virginia_recording_consent_one_party_or_two_party_wv_62_1f_home_exceptions",
      "category": "Safety",
      "title": "[Unverified - being checked] West Virginia: home privacy exceptions",
      "summary": "[Unverified - being checked] West Virginia's Article 1F provides specific exceptions for law enforcement to electronically intercept conduct or oral communications in homes without a warrant during emergencies, separate from the general Wiretapping Act (Article 1D).",
      "body": "West Virginia's Article 1F provides specific exceptions for law enforcement to electronically intercept conduct or oral communications in homes without a warrant during emergencies, separate from the general Wiretapping Act (Article 1D).\n\nWhat West Virginia Legislature actually says:\n\n“ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. [§62-1F-1. Definitions.] As used in this article, unless the context in which used clearly requires otherwise, the following terms have the meanings indicated:”\n\nNote: From §62-1F-1. Article 1F governs electronic interception in homes, providing specific emergency exceptions for law enforcement.",
      "source_type": "official",
      "source_link": "https://code.wvlegislature.gov/62-1F/",
      "last_verified": "2026-10-15",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "West Virginia Legislature",
      "evidence_quote": "ARTICLE 1F. ELECTRONIC INTERCEPTION OF PERSON'S CONDUCT OR ORAL COMMUNICATIONS IN HOME BY LAW ENFORCEMENT. [§62-1F-1. Definitions.] As used in this article, unless the context in which used clearly requires otherwise, the following terms have the meanings indicated:",
      "volatility": "low",
      "from_batch": "880-west-virginia-recording-consent-one-party-or-two-party",
      "subject": "West Virginia",
      "topic": "home privacy exceptions",
      "applies_to_country": "us-wv",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-wv"
        ],
        "platform": "westvirginia",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}