{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-61.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-61.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-61.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-61.html"}],"law_id":53969,"edition_id":1,"section_id":53969,"structure_id":12802,"section_number":"19.2-61","catch_line":"Definitions","history":"Code 1950, \u00a7 19.1-89.1; 1973, c. 442; 1975, c. 495; 1988, c. 889; 2002, cc. 588, 623; 2005, c. 934.","full_text":"As used in this chapter:\n\t\t“Aggrieved person” means a person who was a party to any intercepted wire, electronic or oral communication or a person against whom the interception was directed;\n\t\t“Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception;\n\t\t“Communications common carrier” means any person engaged as a common carrier for hire in communication by wire or radio or in radio transmission of energy;\n\t\t“Contents” when used with respect to any wire, electronic or oral communication, includes any information concerning the substance, purport or meaning of that communication;\n\t\t“Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:\n\na\n\nAny telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of such service and used in the ordinary course of the subscriber’s or user’s business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law-enforcement officer in the ordinary course of his duties;b\n\nA hearing aid or similar device being used to correct subnormal hearing to not better than normal;\n\t\t\t“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. The term does not include:1\n\nAny wire communication or oral communication as defined herein;2\n\nAny communication made through a tone-only paging device;3\n\nAny communication from an electronic or mechanical device which permits the tracking of the movement of a person or object; or4\n\nAny electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;\n\t\t\t\t“Electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications;\n\t\t\t\t“Electronic communication system” means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;\n\t\t\t\t“Electronic storage” means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and any storage of such communication by an electronic communication service for purposes of backup protection of such communication;\n\t\t\t\t“Intercept” means any aural or other means of acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device;\n\t\t\t\t“Investigative or law-enforcement officer” means any officer of the United States or of a state or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses;\n\t\t\t\t“Judge of competent jurisdiction” means a judge of any circuit court of the Commonwealth with general criminal jurisdiction;\n\t\t\t\t“Monitor” or “monitoring” means the actual auditory or visual acquisition of an intercepted communication by any means;\n\t\t\t\t“Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication;\n\t\t\t\t“Pen register” means a device or process that records or decodes dialing, routing, addressing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; however, such information shall not include the contents of any communication. The term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of the provider’s or customer’s business;\n\t\t\t\t“Person” means any employee or agent of the Commonwealth or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation;\n\t\t\t\t“Readily accessible to the general public” means, with respect to a radio communication, that such communication is not (i) scrambled or encrypted; (ii) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (iii) carried on a subcarrier or other signal subsidiary to a radio transmission; (iv) transmitted over a communication system provided by a communications common carrier, unless the communication is a tone-only paging system communication; or (v) transmitted on frequencies allocated under Part 25, subpart D, E, or F of Part 74, or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;\n\t\t\t\t“Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system;\n\t\t\t\t“Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing and signaling information reasonably likely to identify the source of a wire or electronic communication; however, such information shall not include the contents of any communication;\n\t\t\t\t“User” means any person or entity who uses an electronic communication service and is duly authorized by the provider of such service to engage in such use;\n\t\t\t\t“Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications.","order_by":null,"text":{"0":{"id":198163,"text":"As used in this chapter:\n\t\t“Aggrieved person” means a person who was a party to any intercepted wire, electronic or oral communication or a person against whom the interception was directed;\n\t\t“Aural transfer” means a transfer containing the human voice at any point between and including the point of origin and the point of reception;\n\t\t“Communications common carrier” means any person engaged as a common carrier for hire in communication by wire or radio or in radio transmission of energy;\n\t\t“Contents” when used with respect to any wire, electronic or oral communication, includes any information concerning the substance, purport or meaning of that communication;\n\t\t“Electronic, mechanical or other device” means any device or apparatus that can be used to intercept a wire, electronic or oral communication other than:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"a"},"1":{"id":198164,"text":"Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by the subscriber or user for connection to the facilities of such service and used in the ordinary course of the subscriber’s or user’s business; or (ii) being used by a communications common carrier in the ordinary course of its business, or by an investigative or law-enforcement officer in the ordinary course of his duties;","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"prior_prefix":"","next_prefix":"b"},"2":{"id":198165,"text":"A hearing aid or similar device being used to correct subnormal hearing to not better than normal;\n\t\t\t“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. The term does not include:","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a","next_prefix":"b1"},"3":{"id":198166,"text":"Any wire communication or oral communication as defined herein;","type":"section","prefixes":["b","1"],"prefix":"1","entire_prefix":"b1","prefix_anchor":"b1","level":2,"prior_prefix":"b","next_prefix":"b2"},"4":{"id":198167,"text":"Any communication made through a tone-only paging device;","type":"section","prefixes":["b","2"],"prefix":"2","entire_prefix":"b2","prefix_anchor":"b2","level":2,"prior_prefix":"b1","next_prefix":"b3"},"5":{"id":198168,"text":"Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or object; or","type":"section","prefixes":["b","3"],"prefix":"3","entire_prefix":"b3","prefix_anchor":"b3","level":2,"prior_prefix":"b2","next_prefix":"b4"},"6":{"id":198169,"text":"Any electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;\n\t\t\t\t“Electronic communication service” means any service which provides to users thereof the ability to send or receive wire or electronic communications;\n\t\t\t\t“Electronic communication system” means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications;\n\t\t\t\t“Electronic storage” means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and any storage of such communication by an electronic communication service for purposes of backup protection of such communication;\n\t\t\t\t“Intercept” means any aural or other means of acquisition of the contents of any wire, electronic or oral communication through the use of any electronic, mechanical or other device;\n\t\t\t\t“Investigative or law-enforcement officer” means any officer of the United States or of a state or political subdivision thereof, who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses;\n\t\t\t\t“Judge of competent jurisdiction” means a judge of any circuit court of the Commonwealth with general criminal jurisdiction;\n\t\t\t\t“Monitor” or “monitoring” means the actual auditory or visual acquisition of an intercepted communication by any means;\n\t\t\t\t“Oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication;\n\t\t\t\t“Pen register” means a device or process that records or decodes dialing, routing, addressing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; however, such information shall not include the contents of any communication. The term does not include any device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of the provider’s or customer’s business;\n\t\t\t\t“Person” means any employee or agent of the Commonwealth or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation;\n\t\t\t\t“Readily accessible to the general public” means, with respect to a radio communication, that such communication is not (i) scrambled or encrypted; (ii) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (iii) carried on a subcarrier or other signal subsidiary to a radio transmission; (iv) transmitted over a communication system provided by a communications common carrier, unless the communication is a tone-only paging system communication; or (v) transmitted on frequencies allocated under Part 25, subpart D, E, or F of Part 74, or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;\n\t\t\t\t“Remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system;\n\t\t\t\t“Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing and signaling information reasonably likely to identify the source of a wire or electronic communication; however, such information shall not include the contents of any communication;\n\t\t\t\t“User” means any person or entity who uses an electronic communication service and is duly authorized by the provider of such service to engage in such use;\n\t\t\t\t“Wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications.","type":"section","prefixes":["b","4"],"prefix":"4","entire_prefix":"b4","prefix_anchor":"b4","level":2,"prior_prefix":"b3"}},"ancestry":[{"id":12802,"edition_id":1,"name":"Interception of Wire, Electronic or Oral Communications","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":170861,"object_type":"structure","relational_id":12802,"identifier":"6","token":"19.2\/6","url":"\/19.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53969,"structure_id":12802,"section_number":"19.2-61","catch_line":"Definitions","url":"\/19.2-61\/","token":"19.2\/6\/19.2-61","metadata":false},{"id":60300,"structure_id":12802,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","url":"\/19.2-62\/","token":"19.2\/6\/19.2-62","metadata":false},{"id":63623,"structure_id":12802,"section_number":"19.2-63","catch_line":"Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions","url":"\/19.2-63\/","token":"19.2\/6\/19.2-63","metadata":false},{"id":87215,"structure_id":12802,"section_number":"19.2-63.1","catch_line":"Supervision and control of devices; unauthorized possession","url":"\/19.2-63.1\/","token":"19.2\/6\/19.2-63.1","metadata":false},{"id":67905,"structure_id":12802,"section_number":"19.2-64","catch_line":"Forfeiture of unlawful devices","url":"\/19.2-64\/","token":"19.2\/6\/19.2-64","metadata":false},{"id":79412,"structure_id":12802,"section_number":"19.2-65","catch_line":"When intercepted communications and evidence derived therefrom not to be received in evidence","url":"\/19.2-65\/","token":"19.2\/6\/19.2-65","metadata":false},{"id":70476,"structure_id":12802,"section_number":"19.2-66","catch_line":"When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications","url":"\/19.2-66\/","token":"19.2\/6\/19.2-66","metadata":false},{"id":75148,"structure_id":12802,"section_number":"19.2-67","catch_line":"Disclosure of information obtained by authorized means","url":"\/19.2-67\/","token":"19.2\/6\/19.2-67","metadata":false},{"id":75660,"structure_id":12802,"section_number":"19.2-68","catch_line":"Application for and issuance of order authorizing interception; contents of order; recording and retention of intercepted communications, applications and orders; notice to parties; introduction in evidence of information obtained","url":"\/19.2-68\/","token":"19.2\/6\/19.2-68","metadata":false},{"id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","metadata":false},{"id":84369,"structure_id":12802,"section_number":"19.2-70","catch_line":"Reports to be filed by courts and Attorney General","url":"\/19.2-70\/","token":"19.2\/6\/19.2-70","metadata":false},{"id":72378,"structure_id":12802,"section_number":"19.2-70.1","catch_line":"General prohibition on pen register and trap and trace device use; exceptions","url":"\/19.2-70.1\/","token":"19.2\/6\/19.2-70.1","metadata":false},{"id":80598,"structure_id":12802,"section_number":"19.2-70.2","catch_line":"Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use","url":"\/19.2-70.2\/","token":"19.2\/6\/19.2-70.2","metadata":false},{"id":56012,"structure_id":12802,"section_number":"19.2-70.3","catch_line":"Obtaining records concerning electronic communication service or remote computing service","url":"\/19.2-70.3\/","token":"19.2\/6\/19.2-70.3","metadata":false}],"next_section":{"id":60300,"structure_id":12802,"section_number":"19.2-62","catch_line":"Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions","url":"\/19.2-62\/","token":"19.2\/6\/19.2-62","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-61\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 442; in 1975, chapter 495; in 1988, chapter 889; in 2002, chapters 588<\/a> and 623<\/a>; in 2005, chapter 934<\/a>.<\/p>","references":[{"id":76266,"section_number":"18.2-167.1","catch_line":"Interception or monitoring of customer telephone calls; penalty","order_by":null,"url":"\/18.2-167.1\/"},{"id":79274,"section_number":"18.2-386.1","catch_line":"Unlawful creation of image of another; penalty","order_by":null,"url":"\/18.2-386.1\/"},{"id":63578,"section_number":"18.2-460.1","catch_line":"Unlawful disclosure of existence of order authorizing wire or oral interception of communication","order_by":null,"url":"\/18.2-460.1\/"}],"refers_to":false,"permalink":{"id":170863,"object_type":"law","relational_id":53969,"identifier":"19.2-61","token":"19.2\/6\/19.2-61","url":"\/19.2-61\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-61\/","token":"19.2\/6\/19.2-61","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-61","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter:\n\t\t“Aggrieved person<\/span>” means a person who was a party<\/span> to any intercepted wire, electronic or oral communication<\/span> or a person against whom the interception was directed;\n\t\t“Aural transfer<\/span>” means a transfer containing the human voice at any point between and including the point of origin and the point of reception;\n\t\t“Communications common carrier<\/span>” means any person engaged as a common carrier for hire in communication by wire or radio or in radio transmission of energy;\n\t\t“Contents<\/span>” when used with respect to any wire, electronic or oral communication<\/span>, includes any information concerning the substance, purport or meaning of that communication;\n\t\t“Electronic, mechanical or other device<\/span>” means any device or apparatus that can be used to intercept<\/span> a wire, electronic or oral communication<\/span> other than:<\/p><\/section>\n\t\t\t\t\t\t

a.<\/span> Any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user<\/span> by a provider of wire or electronic communication service<\/span> in the ordinary course of its business and being used by the subscriber or user<\/span> in the ordinary course of its business or furnished by the subscriber or user<\/span> for connection to the facilities of such service and used in the ordinary course of the subscriber’s or user<\/span>’s business; or (ii) being used by a communications common carrier<\/span> in the ordinary course of its business, or by an investigative or law<\/span>-enforcement officer<\/span> in the ordinary course of his duties; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> A hearing<\/span> aid or similar device being used to correct subnormal hearing<\/span> to not better than normal;\n\t\t\t“Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system. The term does not include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any wire communication<\/span> or oral communication<\/span> as defined herein; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any communication made through a tone-only paging device; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any communication from an electronic or mechanical device which permits the tracking of the movement of a person or object<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage<\/span> and transfer of funds;\n\t\t\t\t“Electronic communication service<\/span>” means any service which provides to users<\/span> thereof the ability to send or receive wire or electronic communications<\/span>;\n\t\t\t\t“Electronic communication system<\/span>” means any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications<\/span>, and any computer facilities or related electronic equipment for the electronic storage<\/span> of such communications;\n\t\t\t\t“Electronic storage<\/span>” means any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof and any storage of such communication by an electronic communication service<\/span> for purposes of backup protection of such communication;\n\t\t\t\t“Intercept<\/span>” means any aural or other means of acquisition of the contents<\/span> of any wire, electronic or oral communication<\/span> through the use of any electronic, mechanical or other device<\/span>;\n\t\t\t\t“Investigative or law<\/span>-enforcement officer<\/span>” means any officer of the United States or of a state or political subdivision thereof, who is empowered by law<\/span> to conduct investigations of or to make arrests<\/span> for offenses<\/span> enumerated in this chapter, and any attorney authorized by law<\/span> to prosecute<\/span> or participate in the prosecution<\/span> of such offenses<\/span>;\n\t\t\t\t“Judge of competent jurisdiction<\/span>” means a judge of any circuit<\/span> court<\/span> of the Commonwealth with general criminal jurisdiction;\n\t\t\t\t“Monitor<\/span>” or “monitoring<\/span>” means the actual auditory or visual acquisition of an intercepted communication by any means;\n\t\t\t\t“Oral communication<\/span>” means any oral communication<\/span> uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectations but does not include any electronic communication;\n\t\t\t\t“Pen register<\/span>” means a device or process that records or decodes dialing, routing, addressing or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted; however, such information shall not include the contents<\/span> of any communication. The term does not include any device or process used by a provider or customer of a wire or electronic communication service<\/span> for billing, or recording as an incident to billing, for communications services provided by such provider or any device or process used by a provider or customer of a wire communication<\/span> service for cost accounting or other like purposes in the ordinary course of the provider’s or customer’s business;\n\t\t\t\t“Person” means any employee or agent of the Commonwealth or a political subdivision thereof, and any individual, partnership, association, joint stock company, trust or corporation;\n\t\t\t\t“Readily accessible to the general public” means, with respect to a radio communication, that such communication is not (i) scrambled or encrypted; (ii) transmitted using modulation techniques whose essential parameters have been withheld from the public with the intention of preserving the privacy of such communication; (iii) carried on a subcarrier or other signal subsidiary to a radio transmission; (iv) transmitted over a communication system provided by a communications common carrier<\/span>, unless the communication is a tone-only paging system communication; or (v) transmitted on frequencies allocated under Part 25, subpart D, E, or F of Part 74, or Part 94 of the Rules of the Federal Communications Commission, unless, in the case of a communication transmitted on a frequency allocated under Part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio;\n\t\t\t\t“Remote computing service<\/span>” means the provision to the public of computer storage or processing services by means of an electronic communications<\/span> system;\n\t\t\t\t“Trap and trace device<\/span>” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing and signaling information reasonably likely to identify the source of a wire or electronic communication; however, such information shall not include the contents<\/span> of any communication;\n\t\t\t\t“User<\/span>” means any person or entity who uses an electronic communication service<\/span> and is duly authorized by the provider of such service to engage in such use;\n\t\t\t\t“Wire communication<\/span>” means any aural transfer<\/span> made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of communications. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 19.2-61)\n\nAs used in this chapter:\n\t\t“Aggrieved person” means a person who was a party to any\nintercepted wire, electronic or oral communication or a person against whom the\ninterception was directed;\n\t\t“Aural transfer” means a transfer containing the human voice at\nany point between and including the point of origin and the point of reception;\n\t\t“Communications common carrier” means any person engaged as a\ncommon carrier for hire in communication by wire or radio or in radio\ntransmission of energy;\n\t\t“Contents” when used with respect to any wire, electronic or oral\ncommunication, includes any information concerning the substance, purport or\nmeaning of that communication;\n\t\t“Electronic, mechanical or other device” means any device or\napparatus that can be used to intercept a wire, electronic or oral communication\nother than:\n\na. Any telephone or telegraph instrument, equipment or facility, or any\ncomponent thereof, (i) furnished to the subscriber or user by a provider of wire\nor electronic communication service in the ordinary course of its business and\nbeing used by the subscriber or user in the ordinary course of its business or\nfurnished by the subscriber or user for connection to the facilities of such\nservice and used in the ordinary course of the subscriber’s or\nuser’s business; or (ii) being used by a communications common carrier in\nthe ordinary course of its business, or by an investigative or law-enforcement\nofficer in the ordinary course of his duties;\n\nb. A hearing aid or similar device being used to correct subnormal hearing to\nnot better than normal;\n\t\t\t“Electronic communication” means any transfer of signs, signals,\nwriting, images, sounds, data, or intelligence of any nature transmitted in\nwhole or in part by a wire, radio, electromagnetic, photoelectronic or\nphotooptical system. The term does not include:\n\n 1. Any wire communication or oral communication as defined herein;\n\n 2. Any communication made through a tone-only paging device;\n\n 3. Any communication from an electronic or mechanical device which permits the\n tracking of the movement of a person or object; or\n\n 4. Any electronic funds transfer information stored by a financial institution\n in a communications system used for the electronic storage and transfer of\n funds;\n \t\t\t\t“Electronic communication service” means any service which\n provides to users thereof the ability to send or receive wire or electronic\n communications;\n \t\t\t\t“Electronic communication system” means any wire, radio,\n electromagnetic, photooptical or photoelectronic facilities for the\n transmission of wire or electronic communications, and any computer facilities\n or related electronic equipment for the electronic storage of such\n communications;\n \t\t\t\t“Electronic storage” means any temporary, intermediate storage\n of a wire or electronic communication incidental to the electronic\n transmission thereof and any storage of such communication by an electronic\n communication service for purposes of backup protection of such communication;\n \t\t\t\t“Intercept” means any aural or other means of acquisition of\n the contents of any wire, electronic or oral communication through the use of\n any electronic, mechanical or other device;\n \t\t\t\t“Investigative or law-enforcement officer” means any officer\n of the United States or of a state or political subdivision thereof, who is\n empowered by law to conduct investigations of or to make arrests for offenses\n enumerated in this chapter, and any attorney authorized by law to prosecute or\n participate in the prosecution of such offenses;\n \t\t\t\t“Judge of competent jurisdiction” means a judge of any circuit\n court of the Commonwealth with general criminal jurisdiction;\n \t\t\t\t“Monitor” or “monitoring” means the actual\n auditory or visual acquisition of an intercepted communication by any means;\n \t\t\t\t“Oral communication” means any oral communication uttered by a\n person exhibiting an expectation that such communication is not subject to\n interception under circumstances justifying such expectations but does not\n include any electronic communication;\n \t\t\t\t“Pen register” means a device or process that records or\n decodes dialing, routing, addressing or signaling information transmitted by\n an instrument or facility from which a wire or electronic communication is\n transmitted; however, such information shall not include the contents of any\n communication. The term does not include any device or process used by a\n provider or customer of a wire or electronic communication service for\n billing, or recording as an incident to billing, for communications services\n provided by such provider or any device or process used by a provider or\n customer of a wire communication service for cost accounting or other like\n purposes in the ordinary course of the provider’s or customer’s\n business;\n \t\t\t\t“Person” means any employee or agent of the Commonwealth or a\n political subdivision thereof, and any individual, partnership, association,\n joint stock company, trust or corporation;\n \t\t\t\t“Readily accessible to the general public” means, with respect\n to a radio communication, that such communication is not (i) scrambled or\n encrypted; (ii) transmitted using modulation techniques whose essential\n parameters have been withheld from the public with the intention of preserving\n the privacy of such communication; (iii) carried on a subcarrier or other\n signal subsidiary to a radio transmission; (iv) transmitted over a\n communication system provided by a communications common carrier, unless the\n communication is a tone-only paging system communication; or (v) transmitted\n on frequencies allocated under Part 25, subpart D, E, or F of Part 74, or Part\n 94 of the Rules of the Federal Communications Commission, unless, in the case\n of a communication transmitted on a frequency allocated under Part 74 that is\n not exclusively allocated to broadcast auxiliary services, the communication\n is a two-way voice communication by radio;\n \t\t\t\t“Remote computing service” means the provision to the public\n of computer storage or processing services by means of an electronic\n communications system;\n \t\t\t\t“Trap and trace device” means a device or process that\n captures the incoming electronic or other impulses that identify the\n originating number or other dialing, routing, addressing and signaling\n information reasonably likely to identify the source of a wire or electronic\n communication; however, such information shall not include the contents of any\n communication;\n \t\t\t\t“User” means any person or entity who uses an electronic\n communication service and is duly authorized by the provider of such service\n to engage in such use;\n \t\t\t\t“Wire communication” means any aural transfer made in whole or\n in part through the use of facilities for the transmission of communications\n by the aid of wire, cable, or other like connection, including the use of such\n connection in a switching station, furnished or operated by any person engaged\n in providing or operating such facilities for the transmission of\n communications.\n\nHISTORY: Code 1950, \u00a7 19.1-89.1; 1973, c. 442; 1975, c. 495; 1988, c. 889;\n2002, cc. 588, 623; 2005, c. 934.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}