September 26, 2025Virginia Home Security Laws in 2025: What You Can (and Can’t) Record with Security Cameras
September 26, 2025 by cnmAdmin2030Virginia Home Security Laws in 2025: What You Can (and Can’t) Record with Security Cameras
As smart home devices, doorbell cameras, and video surveillance systems become more common, Virginia homeowners face an evolving set of legal boundaries. Installing a security camera might seem simple, but knowing what is and isn’t allowed under Virginia law can protect you from privacy violations or criminal liability. Below is a guide to the state’s rules in 2025, plus best practices you can follow to stay compliant.
1. Audio vs. Video: The Key Distinction
In Virginia, ring-style (or doorbell) video cameras are generally legal to use on your property for security purposes. However, Virginia law imposes stricter limits on audio recording and prohibits capturing video in places where people have a reasonable expectation of privacy. You should also avoid targeting your camera at neighbors’ private areas (e.g. windows, bathrooms).
One of the most important points to understand is that video recording is generally more legally permissible than audio recording. But combining video and audio can trigger stricter consent rules.
Virginia’s wiretapping statute (Va. Code § 19.2-62) prohibits the “interception or recording” of an oral communication unless one party consents.
Because of this, security systems that record silent video only are less legally risky. Many legal guides suggest using devices without microphones or disabling audio recording features.
Even if you do record audio (say, via a microphone-enabled camera), you must meet the one-party consent rule. That is, at least one person participating in the conversation must consent to the recording.
However, just because an audio recording is legal doesn’t mean it is admissible in court. Under Va. Code § 8.01-420.2, a recording of a telephone (or electronic) conversation may not be admitted in a civil proceeding unless all parties were informed or certain other conditions are met.
In practice: if your camera captures video only, you’re on safer ground. If it captures audio, be cautious and ensure you comply with consent rules and admissibility requirements.
2. Places Where People Expect Privacy (“Reasonable Expectation of Privacy”)
Even silent video recording can run afoul of privacy laws if the camera is placed in a location where individuals would reasonably expect privacy. Virginia law specifically addresses some of these situations.
Va. Code § 18.2-386.1 prohibits creating videographic or still images of a nonconsenting person when they’re nude or partially undressed in certain settings (restrooms, changing rooms, bedrooms, etc.). Violations are Class 1 misdemeanors, or Class 6 felonies if minors are involved.
Va. Code § 18.2-130 makes it unlawful to “peep or spy” through a window or other opening into a dwelling or structure where a person expects privacy (e.g., spying into someone’s bedroom or bathroom).
Cameras should not be installed in bathrooms, bedrooms, changing rooms, or other similarly private areas.
It’s also problematic to point cameras toward a neighbor’s windows or into their private indoor areas.
In short: cameras should monitor open, less private spaces (e.g. front door, yard, driveway) and be positioned so they don’t invade intimate spaces or capture private activities.
3. Recording on Your Property: What You Can Do
Within the bounds above, homeowners in Virginia generally have the right to install cameras on their own property, as long as they respect privacy boundaries and consent rules.
Homeowners may legally install video surveillance indoors or outdoors to protect their property or monitor for safety, so long as the setup doesn’t record intimate or private areas.
Hidden cameras that record audio are especially risky, and Virginia law prohibits secret recording of private conversations.
For outdoor areas, you are allowed to record public-facing areas (e.g., your own driveway, sidewalk). But pointing cameras into your neighbor’s private spaces (windows, yard, indoors) is likely illegal.
Some local jurisdictions or homeowners associations (HOAs) might impose additional limits (e.g. on visible wiring, camera placement). It’s wise to check local regulations.
Because audio is more regulated, systems including audio should include notice or disclosure mechanisms.
If you record audio, it’s safest to explicitly notify people that conversations may be recorded (e.g. signage).
In many cases (especially in business premises), posting signage is recommended so that visitors are aware of recording.
In some contexts (like nursing facilities or care settings), written consent from residents or their legal representatives is required before photographing or recording.
5. Using the Footage / Evidence Issues
Recording legally does not always guarantee the footage can be used in court or as evidence. You should be aware of:
As mentioned, under § 8.01-420.2, recordings may not be admissible in civil court unless all parties were aware of the recording or other conditions are met.
If your recording violates Virginia’s wiretapping statute or privacy protections, courts or prosecutors may reject or exclude the material.
It’s wise to maintain a clear chain of custody, use tamper-evident storage, and document how footage was collected and preserved.
6. Best Practices for Virginia Homeowners (2025)
To stay on firm legal footing, here are practical tips:
Use video-only systems when possible; disable or remove audio capture features.
Position cameras to cover common outdoor areas (driveways, entrances), and avoid pointing into neighbors’ private spaces.
Never install cameras in bathrooms, bedrooms, locker rooms, or other intimate spaces.
If you use audio, provide clear signage or verbal notice to people entering your space.
Respect one-party consent rules: at least one person in a conversation must consent to recording.
Keep good records: when footage is recorded, store it securely, timestamp it, and maintain access logs.
Review HOA or local ordinances to ensure your setup complies with HOA covenants or municipal codes.
When in doubt, consult with a Virginia attorney specialized in privacy law or recording law.
What You Should Do as a Virginia Homeowner
Staying compliant with Virginia’s home security laws in 2025 isn’t just about avoiding fines — it’s about protecting your family, your property, and your peace of mind. Whether you’re installing new indoor cameras, upgrading to smart video doorbells, or preparing your home for the latest security threats, Johns Brothers Security Systems is here to help. Our team has been protecting Virginia homes and businesses for more than 40 years, and we’ll make sure your system is both effective and legally compliant.
