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Virginia statute

Va. Code Ann. § 19.2-70.1 — General prohibition on pen register and trap and trace device use; exceptions

Current through 2026 Regular Session

Part of Chapter 6: Interception of Wire, Electronic or Oral Communications, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 19.2-70.1

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 19.2-70.1Primary source, current through the 2026 Regular Session
Except as provided in this section, no person may install or use a pen register or a trap and trace device without first obtaining a court order under § 19.2-70.2 . However, a court order shall not be required for use of a pen register or trap and trace device by a provider of electronic or wire communication service (i) relating to the operation, maintenance, and testing of a wire or electronic communication service or to the protection of the rights or property of the provider, or to the protection of users of that service from abuse of service or unlawful use of service; (ii) to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful or abusive use of service; or (iii) where the consent of the user of that service has been obtained. Any person who knowingly violates this section shall be guilty of a Class 1 misdemeanor.

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Legal terms used in this section

Questions this section answers

Is general prohibition on pen register and trap and trace device use a felony or a misdemeanor in Virginia?

General prohibition on pen register and trap and trace device use is a class 1 misdemeanor in Virginia under Va. Code Ann. § 19.2-70.1.

Which Virginia statute covers general prohibition on pen register and trap and trace device use?

General prohibition on pen register and trap and trace device use is governed by Va. Code Ann. § 19.2-70.1 (General prohibition on pen register and trap and trace device use; exceptions).

This reference is informational and is not legal advice.