South Carolina Recording Laws

Recording Law Guide

South Carolina Recording Law Summary: South Carolina Recording Law

Last Updated: January 2025 | Verified against current S.C. Code Ann. § 17-30-30

Quick Answer

South Carolina is a one-party consent state. You can legally record phone calls and in-person conversations as long as you’re a party to the conversation or have consent from at least one participant. Recording someone else’s private conversations without consent is a felony punishable by up to 5 years imprisonment and $5,000 in fines.

Key PointAnswer
Consent TypeOne-Party
Can you record your own calls?Yes
Must you inform others?No
Primary StatuteS.C. Code Ann. § 17-30-30
Criminal PenaltyFelony (up to 5 years, $5,000)
Civil DamagesYes

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Understanding South Carolina’s Recording Laws

The Legal Foundation

South Carolina’s wiretapping and electronic surveillance laws are found in Title 17, Chapter 30 of the South Carolina Code of Laws. The key statutes include:

  • S.C. Code Ann. § 17-30-20 – Interception of communications prohibited
  • S.C. Code Ann. § 17-30-30 – Exceptions (one-party consent)
  • S.C. Code Ann. § 17-30-50 – Penalties for violations

Under § 17-30-30, recording is permitted when at least one party to the communication consents. This includes recording your own conversations without informing other participants.

What Communications Are Covered

South Carolina’s recording law applies to:

  • Wire communications – Phone calls, including cell phones and VoIP
  • Oral communications – In-person conversations with a reasonable expectation of privacy
  • Electronic communications – Text messages, emails, video calls

One-Party vs. Two-Party Consent Explained

In a one-party consent state like South Carolina, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like California require everyone in the conversation to agree to be recorded.

Recording Phone Calls in South Carolina

Audio Recording

Can You Record Phone Calls in South Carolina?

Yes. Under S.C. Code Ann. § 17-30-30, you can record any phone call you’re participating in without informing the other party. This applies to:

  • Landline calls
  • Cell phone calls
  • VoIP calls (Zoom, Teams, Google Meet, etc.)
  • Video calls

Recording Calls Across State Lines

If you’re in South Carolina calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

  • California
  • Connecticut
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • Nevada (for phone calls)
  • New Hampshire
  • Pennsylvania
  • Washington

Best practice: When calling people in two-party consent states, either inform them or get explicit consent to be safe.

Business Call Recording

South Carolina businesses can record calls for quality assurance, training, or compliance. While not legally required, many businesses choose to provide notice. Consent can be obtained through:

  1. Verbal consent before the call begins
  2. A recorded announcement (“This call may be recorded…”)
  3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in South Carolina when:

  • You’re participating in the conversation
  • You’re in a public place where there’s no reasonable expectation of privacy
  • You have consent from at least one party (which can be yourself)

The Privacy Exception

South Carolina law still recognizes that some conversations have a reasonable expectation of privacy. Even with one-party consent, recording may be problematic if:

  • The conversation is in a private location where privacy is expected
  • The parties have taken steps to ensure privacy
  • The recording is done surreptitiously without any participant’s knowledge

When Is It Illegal?

Recording is illegal in South Carolina when:

  • You’re not a party to the conversation and don’t have consent
  • Recording is for illegal purposes
  • Recording in areas with reasonable expectation of privacy (bathrooms, changing rooms)
  • You’re disclosing or using illegally obtained recordings

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

  • Plant a hidden device and leave to record others without being present
  • Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
  • Record intimate activities without consent

South Carolina Video Recording Laws

Video Recording

Public Spaces

South Carolina has no general prohibition on video recording in public spaces. You can:

  • Film on public streets, parks, and sidewalks
  • Record public meetings and government proceedings
  • Use dashcams in your vehicle
  • Film public protests or demonstrations

Private Property and Privacy

On private property, the property owner sets the rules. South Carolina also has laws that prohibit:

  • Video voyeurism (S.C. Code Ann. § 16-17-470)
  • Recording someone in a location where they have a reasonable expectation of privacy
  • Non-consensual dissemination of intimate images (S.C. Code Ann. § 16-15-425)

If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Recording in the Workplace

Can Your Employer Record You?

South Carolina employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

  • Bathrooms
  • Locker rooms
  • Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

  • Documenting harassment or discrimination
  • Recording performance reviews
  • Protecting yourself in disputes
  • Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under South Carolina law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in South Carolina?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In South Carolina, you can:

  • Film traffic stops (including your own)
  • Record arrests happening in public
  • Document interactions with police
  • Livestream encounters

Important limitations:

  • Don’t interfere with police operations
  • Don’t trespass to get a better angle
  • Follow lawful orders to step back (within reason)
  • Don’t obstruct the officer’s duties

Recording Government Meetings

South Carolina’s Freedom of Information Act (S.C. Code Ann. § 30-4) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

  • City and county council meetings
  • School board meetings
  • State legislative proceedings
  • Public hearings

Specific Situations

Can I Record My Landlord in South Carolina?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

  • Verbal agreements about repairs
  • Harassment or illegal entry
  • Disputes about lease terms
  • Evidence for tenant rights cases

Can I Record My Doctor in South Carolina?

Yes, you can record medical appointments you attend. This can be helpful for:

  • Remembering complex medical instructions
  • Documenting informed consent discussions
  • Having a record of diagnoses
  • Sharing information with family caregivers

Can I Record DSS Workers?

Yes. Department of Social Services (DSS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

  • Don’t record your children’s private conversations without being present
  • Don’t use children to secretly record the other parent
  • Consider how recordings may be viewed by South Carolina Family Court

Can I Use a Dashcam in South Carolina?

Yes. Dashcams are legal in South Carolina. There are no specific laws restricting their use, but you should:

  • Mount the camera so it doesn’t obstruct your view
  • Be aware that audio recording follows one-party consent rules
  • Check if your insurance offers dashcam discounts

Using Recordings as Evidence in South Carolina

Are Recordings Admissible in Court?

Recordings made legally under South Carolina’s one-party consent law are generally admissible as evidence. However, courts may consider:

  • Authentication – Can you prove the recording is genuine and unaltered?
  • Relevance – Does the recording matter to the case?
  • Hearsay rules – Some statements may be excluded
  • Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

  • Criminal cases: Illegally obtained recordings are typically inadmissible and may result in criminal charges against you
  • Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in South Carolina

Privacy Recording Laws

Criminal Penalties (S.C. Code Ann. § 17-30-50)

Violating South Carolina’s wiretapping laws can result in serious criminal penalties:

OffenseClassificationPotential Penalty
Standard violationsFelonyUp to 5 years imprisonment, up to $5,000 fine, or both
First offense (radio communications, no unlawful purpose)MisdemeanorUp to 1 year imprisonment, up to $1,000 fine, or both
Cellular/cordless phone interceptionMisdemeanorUp to $1,000 fine per violation

Civil Liability

Victims of illegal recording in South Carolina may sue for:

  • Actual damages
  • Punitive damages for willful violations
  • Attorney’s fees and litigation costs
  • Injunctive relief

Frequently Asked Questions

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Is South Carolina a one-party consent state?

Yes. South Carolina is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is South Carolina a two-party consent state?

No. South Carolina does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in South Carolina?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in South Carolina?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in South Carolina.

Do I need to tell someone I’m recording in South Carolina?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in South Carolina?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in South Carolina?

Standard violations are a felony punishable by up to 5 years in prison and fines up to $5,000. Some first offenses may be charged as misdemeanors.

Can recordings be used in divorce court in South Carolina?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Related South Carolina Laws

Sources and Legal References

SourceLink
S.C. Code Ann. Chapter 17-30SC Legislature
Reporters Committee (SC)RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed South Carolina attorney.


One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

StateSummaryKey Statute
AlabamaOne-party consent.Ala. Code § 13A-11-30
AlaskaOne-party consent.AS 42.20.310
ArizonaOne-party consent.ARS 13-3005
ArkansasOne-party consent.Ark. Code § 5-60-120
ColoradoOne-party consent.C.R.S. § 18-9-303
District of ColumbiaOne-party consent.D.C. Code § 23-542
GeorgiaOne-party for audio; all-party for video in private places.O.C.G.A. § 16-11-62
HawaiiOne-party consent.HRS § 803-42
IdahoOne-party consent.Idaho Code § 18-6702
IndianaOne-party consent.Ind. Code § 35-33.5-5
IowaOne-party consent.Iowa Code § 808B.2
KansasOne-party consent.K.S.A. 21-6101
KentuckyOne-party consent.KRS 526.020
LouisianaOne-party consent.La. R.S. 15:1303
MaineOne-party consent.15 M.R.S.A. § 710
MinnesotaOne-party consent.Minn. Stat. § 626A.02
MississippiOne-party consent.Miss. Code Ann. § 41-29-531
MissouriOne-party consent.Mo. Rev. Stat. § 542.402
NebraskaOne-party consent.Neb. Rev. Stat. § 86-290
NevadaOne-party for oral; ALL-PARTY for wire/phone.Nev. Rev. Stat. § 200.620
New JerseyOne-party consent.N.J. Stat. Ann. § 2A:156A-4
New MexicoOne-party consent.N.M. Stat. Ann. § 30-12-1
New YorkOne-party consent.N.Y. Penal Law § 250.05
North CarolinaOne-party consent.N.C. Gen. Stat. § 15A-287
North DakotaOne-party consent.N.D. Cent. Code § 12.1-15-02
OhioOne-party consent.Ohio Rev. Code § 2933.52
OklahomaOne-party consent.Okla. Stat. tit. 13, § 176.4
Rhode IslandOne-party consent.R.I. Gen. Laws § 11-35-21
South CarolinaOne-party consent. Up to 5 yrs/$5k felony.S.C. Code Ann. § 17-30-30
South DakotaOne-party consent.S.D. Codified Laws § 23A-35A-20
TennesseeOne-party consent.Tenn. Code Ann. § 39-13-601
TexasOne-party consent.Tex. Penal Code § 16.02
UtahOne-party consent.Utah Code Ann. § 77-23a-4
VermontOne-party consent (case law).Case law
VirginiaOne-party consent.Va. Code Ann. § 19.2-62
West VirginiaOne-party consent.W. Va. Code § 62-1D-3
WisconsinOne-party consent.Wis. Stat. § 968.31
WyomingOne-party consent.Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

Visit our Two-Party Consent States guide for details.

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