South Dakota Recording Laws

South Dakota Recording Law Summary:

Last Updated: January 2025 | Verified against current S.D. Codified Laws § 23A-35A-20

Quick Answer

South Dakota 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. The South Dakota Supreme Court has confirmed that one party’s consent to recording removes it from prohibited wiretap violations. Illegal recording is a Class 5 felony.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	S.D. Codified Laws § 23A-35A-20
Criminal Penalty	Class 5 Felony
Civil Damages	Yes

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Understanding South Dakota’s Recording Laws

The Legal Foundation

South Dakota’s wiretapping and electronic surveillance laws are found in Chapter 23A-35A of the South Dakota Codified Laws, titled “Interception of Wire, Electronic, or Oral Communications.” The key statute is:

• S.D. Codified Laws § 23A-35A-20 – Unlawful interception; telephone or telegraph; consent; jury deliberations

Under this statute, it is lawful to record a conversation if you are a party to it or have obtained the consent of at least one party. This has been affirmed by the South Dakota Supreme Court.

What Communications Are Covered

South Dakota’s recording law applies to:

• Wire communications – Phone calls, including cell phones and VoIP
• Oral communications – In-person conversations where there’s an 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 Dakota, 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 Dakota

Can You Record Phone Calls in South Dakota?

Yes. Under S.D. Codified Laws § 23A-35A-20, 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 Dakota 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 (nearby)
• 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 Dakota 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 Dakota 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)

Expectation of Privacy

The law specifically protects “any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception.” This means:

• Conversations in public places may not require consent if there’s no privacy expectation
• Private conversations in private locations are protected
• Context matters in determining whether privacy was expected

When Is It Illegal?

Recording is illegal in South Dakota when:

• You’re not a party to the conversation and don’t have consent
• Recording in areas with reasonable expectation of privacy (bathrooms, changing rooms)
• You’re disclosing or using illegally obtained recordings
• Using hidden cameras or drones to record someone with a privacy expectation

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 Dakota Video Recording Laws

Public Spaces

South Dakota 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

Hidden Cameras and Drones

South Dakota has specific restrictions on surveillance devices:

• It is a misdemeanor to install a device to photograph or record a person where they have a reasonable expectation of privacy
• Using drones to record someone with a privacy expectation is also prohibited

Private Property and Privacy

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

• Recording someone in a location where they have a reasonable expectation of privacy
• Video voyeurism
• Non-consensual dissemination of intimate images

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 Dakota 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 Dakota law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in South Dakota?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In South Dakota, 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 Dakota’s Open Meetings Law (S.D. Codified Laws § 1-25) requires most government meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

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

Specific Situations

Can I Record My Landlord in South Dakota?

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 Dakota?

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 Dakota courts

Can I Use a Dashcam in South Dakota?

Yes. Dashcams are legal in South Dakota. 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 Dakota

Are Recordings Admissible in Court?

Recordings made legally under South Dakota’s one-party consent law are generally admissible as evidence. The South Dakota Supreme Court has recognized that recordings made with one party’s consent can be used in legal proceedings. 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 Dakota

Criminal Penalties (S.D. Codified Laws § 23A-35A-20)

Violating South Dakota’s wiretapping laws is a Class 5 felony.

Offense	Classification	Potential Penalty
Illegal interception	Class 5 Felony	Up to 5 years imprisonment, fines
Disclosing intercepted communications	Class 5 Felony	Up to 5 years imprisonment, fines
Using illegally obtained communications	Class 5 Felony	Up to 5 years imprisonment, fines
Hidden camera/drone surveillance	Misdemeanor	Up to 1 year, fines

Civil Liability

Victims of illegal recording in South Dakota may sue for:

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

Frequently Asked Questions

Is South Dakota a one-party consent state?

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

Is South Dakota a two-party consent state?

No. South Dakota 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 Dakota?

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

Can I sue someone for recording me in South Dakota?

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 Dakota.

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

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 Dakota?

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 Dakota?

Illegal wiretapping is a Class 5 felony, punishable by up to 5 years in prison. Using hidden cameras or drones to record someone with a privacy expectation is a misdemeanor.

Can recordings be used in divorce court in South Dakota?

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 Dakota Laws

• South Dakota Car Seat Laws
• South Dakota Child Support Laws
• South Dakota Hit and Run Laws
• South Dakota Lemon Law
• South Dakota Sexting Laws
• South Dakota Statute of Limitations
• South Dakota Whistleblower Laws

Sources and Legal References

Source	Link
S.D. Codified Laws § 23A-35A-20	SD Legislature
Reporters Committee (SD)	RCFP
SD Open Meetings Law	SD Legislature

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 Dakota attorney.

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One-Party Consent States Reference

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

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	K.S.A. 21-6101
Kentucky	One-party consent.	KRS 526.020
Louisiana	One-party consent.	La. R.S. 15:1303
Maine	One-party consent.	15 M.R.S.A. § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Rev. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.05
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent. Class 5 felony.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-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:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.