{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-69.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-69.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-69.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-69.html"}],"law_id":57482,"edition_id":1,"section_id":57482,"structure_id":12802,"section_number":"19.2-69","catch_line":"Civil action for unlawful interception, disclosure, or use","history":"Code 1950, \u00a7 19.1-89.9; 1973, c. 442; 1975, c. 495; 1988, c. 889; 2010, c. 343; 2015, c. 672; 2020, c. 900.","full_text":"Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall (i) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications and (ii) be entitled to recover from any such person:\n\n1\n\nActual damages but not less than liquidated damages computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher, provided that liquidated damages shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher, if the wire, electronic, or oral communication intercepted, disclosed, or used is between (i) persons married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice;2\n\nPunitive damages; and3\n\nA reasonable attorney fee and other litigation costs reasonably incurred.\n\t\t\tA good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.","order_by":null,"text":{"0":{"id":210608,"text":"Any person whose wire, electronic, or oral communication is intercepted, disclosed, or used in violation of this chapter shall (i) have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, such communications and (ii) be entitled to recover from any such person:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":210609,"text":"Actual damages but not less than liquidated damages computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher, provided that liquidated damages shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher, if the wire, electronic, or oral communication intercepted, disclosed, or used is between (i) persons married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person seeking spiritual counsel or advice;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":210610,"text":"Punitive damages; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":210611,"text":"A reasonable attorney fee and other litigation costs reasonably incurred.\n\t\t\tA good faith reliance on a court order or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-69\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 2010, chapter 343<\/a>; in 2015, chapter 672<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":170899,"object_type":"law","relational_id":57482,"identifier":"19.2-69","token":"19.2\/6\/19.2-69","url":"\/19.2-69\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-69\/","token":"19.2\/6\/19.2-69","dublin_core":{"Title":"Civil action for unlawful interception, disclosure, or use","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-69","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person<\/span> whose wire, electronic, or oral communication<\/span> is intercepted, disclosed, or used in violation of this chapter shall (i) have a civil cause of action<\/span> against any person<\/span> who intercepts<\/span>, discloses, or uses, or procures any other person<\/span> to intercept<\/span>, disclose, or use, such communications and (ii) be entitled to recover from any such person<\/span>:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Actual damages<\/span> but not less than liquidated damages<\/span> computed at the rate of $400 a day for each day of violation or $4,000, whichever is higher, provided that liquidated damages<\/span> shall be computed at the rate of $800 a day for each day of violation or $8,000, whichever is higher, if the wire, electronic, or oral communication<\/span> intercepted, disclosed, or used is between (i) persons<\/span> married to each other; (ii) an attorney and client; (iii) a licensed practitioner of the healing arts and patient; (iv) a licensed professional counselor, licensed clinical social worker, licensed psychologist, or licensed marriage and family therapist and client; or (v) a clergy member and person<\/span> seeking spiritual counsel<\/span> or advice; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Punitive damages<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A reasonable attorney fee and other litigation<\/span> costs reasonably incurred.\n\t\t\tA good faith reliance on a court order<\/span> or legislative authorization shall constitute a complete defense to any civil or criminal action brought under this chapter or under any other law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTION FOR UNLAWFUL INTERCEPTION, DISCLOSURE, OR USE (\u00a7 19.2-69)\n\nAny person whose wire, electronic, or oral communication is intercepted,\ndisclosed, or used in violation of this chapter shall (i) have a civil cause of\naction against any person who intercepts, discloses, or uses, or procures any\nother person to intercept, disclose, or use, such communications and (ii) be\nentitled to recover from any such person:\n\n1. Actual damages but not less than liquidated damages computed at the rate of\n$400 a day for each day of violation or $4,000, whichever is higher, provided\nthat liquidated damages shall be computed at the rate of $800 a day for each day\nof violation or $8,000, whichever is higher, if the wire, electronic, or oral\ncommunication intercepted, disclosed, or used is between (i) persons married to\neach other; (ii) an attorney and client; (iii) a licensed practitioner of the\nhealing arts and patient; (iv) a licensed professional counselor, licensed\nclinical social worker, licensed psychologist, or licensed marriage and family\ntherapist and client; or (v) a clergy member and person seeking spiritual\ncounsel or advice;\n\n2. Punitive damages; and\n\n3. A reasonable attorney fee and other litigation costs reasonably incurred.\n\t\t\tA good faith reliance on a court order or legislative authorization shall\nconstitute a complete defense to any civil or criminal action brought under this\nchapter or under any other law.\n\nHISTORY: Code 1950, \u00a7 19.1-89.9; 1973, c. 442; 1975, c. 495; 1988, c. 889;\n2010, c. 343; 2015, c. 672; 2020, c. 900.","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}}