Virginia criminal charge
Interception, disclosure, etc., of wire, electronic or oral communications unlawful in Virginia
Interception, disclosure, etc., of wire, electronic or oral communications unlawful is a criminal offense under Virginia law, defined by Va. Code Ann. § 19.2-62. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 19.2-62.
What is the penalty for interception, disclosure, etc., of wire, electronic or oral communications unlawful in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Unlawful interception, disclosure, or use of wire, electronic or oral communications — Any person who intentionally intercepts, procures interception of, uses a device to intercept, discloses, or uses the contents of any wire, electronic, or oral communication knowing it was unlawfully obtained is guilty of this offense.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Unlawful interception, disclosure, or use of wire, electronic or oral communications — Any person who intentionally intercepts, procures interception of, uses a device to intercept, discloses, or uses the contents of any wire, electronic, or oral communication knowing it was unlawfully obtained is guilty of this offense.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Unlawful divulgence of communication contents by electronic communication service provider — A person or entity providing electronic communication service to the public who intentionally divulges the contents of a communication in transmission to someone other than the addressee or intended recipient, outside the statutory exceptions, is guilty of this offense.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Unlawful divulgence of communication contents by electronic communication service provider — A person or entity providing electronic communication service to the public who intentionally divulges the contents of a communication in transmission to someone other than the addressee or intended recipient, outside the statutory exceptions, is guilty of this offense.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is interception, disclosure, etc., of wire, electronic or oral communications unlawful classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful interception, disclosure, or use of wire, electronic or oral communications | Class 6 Felony | Any person who intentionally intercepts, procures interception of, uses a device to intercept, discloses, or uses the contents of any wire, electronic, or oral communication knowing it was unlawfully obtained is guilty of this offense. | Va. Code Ann. § 19.2-62A |
| Unlawful divulgence of communication contents by electronic communication service provider | Class 1 Misdemeanor | A person or entity providing electronic communication service to the public who intentionally divulges the contents of a communication in transmission to someone other than the addressee or intended recipient, outside the statutory exceptions, is guilty of this offense. | Va. Code Ann. § 19.2-62C |
Common questions about interception, disclosure, etc., of wire, electronic or oral communications unlawful in Virginia
Is interception, disclosure, etc., of wire, electronic or oral communications unlawful a felony or a misdemeanor in Virginia?
It depends on the circumstances: interception, disclosure, etc., of wire, electronic or oral communications unlawful ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 19.2-62.
Unlawful interception, disclosure, or use of wire, electronic or oral communications: class 6 felony (Va. Code Ann. § 19.2-62A) · Unlawful divulgence of communication contents by electronic communication service provider: class 1 misdemeanor (Va. Code Ann. § 19.2-62C)
What are the penalties for interception, disclosure, etc., of wire, electronic or oral communications unlawful in Virginia?
Penalties for interception, disclosure, etc., of wire, electronic or oral communications unlawful in Virginia depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by Va. Code Ann. § 18.2-10 and Va. Code Ann. § 18.2-11; the full table of ranges by variant is published on this page.
Which Virginia statute covers interception, disclosure, etc., of wire, electronic or oral communications unlawful?
Interception, disclosure, etc., of wire, electronic or oral communications unlawful is governed by Va. Code Ann. § 19.2-62 (Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.