Code of Virginia
Chapter 6 - Interception of Wire, Electronic or Oral Communications
§ 19.2-63. Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions

A. Except as otherwise specifically provided in this chapter, any person who intentionally:
1. Manufactures, assembles, possesses, or sells any electronic, mechanical, or other device, knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications; or
2. Places in any newspaper, magazine, handbill, or other publication any advertisement of:
(a) Any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications, or
(b) Any other electronic, mechanical, or other device where such advertisement promotes the use of such device for the purpose of the surreptitious interception of wire, electronic or oral communications; shall be guilty of a Class 6 felony.
B. It shall not be unlawful under this section for:
1. A provider of wire or electronic communication service or an officer, agent, or employee of, or a person under contract with, such provider in the normal course of the provider's business, or
2. An officer, agent, or employee of, or a person under contract with the United States, the Commonwealth or a political subdivision thereof, in the normal course of the activities of the United States, the Commonwealth, or a political subdivision thereof, to manufacture, assemble, possess, or sell any electronic, mechanical, or other device knowing or having reason to know that the design of such device renders it primarily useful for the purpose of the surreptitious interception of wire, electronic or oral communications.
Code 1950, § 19.1-89.3; 1973, c. 442; 1975, c. 495; 1988, c. 889.

Structure Code of Virginia

Code of Virginia

Title 19.2 - Criminal Procedure

Chapter 6 - Interception of Wire, Electronic or Oral Communications

§ 19.2-61. Definitions

§ 19.2-62. Interception, disclosure, etc., of wire, electronic or oral communications unlawful; penalties; exceptions

§ 19.2-63. Manufacture, possession, sale or advertising of certain devices unlawful; penalties; exceptions

§ 19.2-63.1. Supervision and control of devices; unauthorized possession

§ 19.2-64. Forfeiture of unlawful devices

§ 19.2-65. When intercepted communications and evidence derived therefrom not to be received in evidence

§ 19.2-66. When Attorney General or Chief Deputy Attorney General may apply for order authorizing interception of communications

§ 19.2-67. Disclosure of information obtained by authorized means

§ 19.2-68. 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

§ 19.2-69. Civil action for unlawful interception, disclosure, or use

§ 19.2-70. Reports to be filed by courts and Attorney General

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

§ 19.2-70.2. Application for and issuance of order for a pen register or trap and trace device; assistance in installation and use

§ 19.2-70.3. Obtaining records concerning electronic communication service or remote computing service