South Carolina Video Recording Laws: Where You Can and Cannot Record (2026)

South Carolina law does not have a single comprehensive statute governing all video recording. Instead, the legality of video recording depends on where you are filming, whether you are capturing audio along with video, and the purpose of the recording. Public spaces are generally open to filming, while private spaces are protected by both the wiretapping statute and the voyeurism law.

This guide explains the rules that apply to video recording across different settings in South Carolina, including the criminal penalties you face for violations and how courts treat video evidence.

Video Recording in Public Spaces

General Rule: Public Filming Is Legal

South Carolina has no statute that prohibits video recording in public spaces. You are free to record video on:

• Public streets, sidewalks, and crosswalks
• Public parks and recreational areas
• Government buildings open to the public
• Public transportation facilities
• Public protests, rallies, and demonstrations
• Outdoor areas visible from public vantage points

This right is grounded in the First Amendment to the U.S. Constitution, which protects the right to gather information in public settings. Federal courts have consistently recognized that recording in public spaces is a form of protected expression.

Video Without Audio vs. Video With Audio

An important distinction exists in South Carolina law between video-only recording and video with audio:

Video-only recording in public does not implicate the wiretapping statute at S.C. Code Ann. 17-30-20. The wiretapping law specifically covers "wire, oral, or electronic communications." Video footage that does not capture oral communications falls outside its scope.

Video with audio recording is subject to the one-party consent rule under S.C. Code Ann. 17-30-30. If your video captures conversations, you must be a party to the conversation or have consent from at least one participant to comply with the wiretapping statute.

In public spaces where people do not have a reasonable expectation of privacy, even audio recording is generally permissible because the wiretapping statute only protects "oral communications" made with a reasonable privacy expectation.

Recording on Government Property

South Carolina's Freedom of Information Act (S.C. Code Ann. 30-4-10 et seq.) requires most government meetings to be open to the public. You can bring recording equipment to:

• City and county council meetings
• School board meetings
• Planning and zoning hearings
• State legislative sessions
• Other public hearings and government proceedings

Government bodies cannot prohibit recording at meetings that are legally required to be open to the public, although they may impose reasonable time, place, and manner restrictions (such as requiring cameras to be stationary or positioned so they do not block other attendees' views).

Video Recording on Private Property

Property Owner Rights

Private property owners in South Carolina have broad authority to control video recording on their premises. A business, homeowner, or property manager can:

• Prohibit all video recording on their property
• Require visitors to put away cameras and phones
• Ask someone to leave if they refuse to stop recording
• Post signs stating that recording is not permitted

If you continue recording after being asked to stop on private property, you may face trespassing charges under S.C. Code Ann. 16-11-610. The property owner does not need to cite a specific recording law because their authority comes from general property rights.

Recording in Your Own Home

You can install video cameras in your own home in South Carolina. However, certain limitations apply:

• Common areas such as living rooms, kitchens, and hallways can be monitored with video cameras
• Private areas such as bathrooms, bedrooms used by guests, and changing areas should not be recorded, as this may violate the voyeurism statute
• Audio capture is subject to one-party consent rules. If you are not present during recorded conversations, capturing audio may violate the wiretapping statute
• Tenant rights apply if you rent out part of your home. You cannot place cameras in areas where tenants have a reasonable expectation of privacy

Recording in Rented or Leased Properties

If you rent a home or apartment, you generally can install video cameras inside your own unit in common areas. You should not install cameras that capture footage of other tenants' private spaces. Landlords are prohibited from placing cameras inside rental units without tenant consent, particularly in private areas.

South Carolina's Voyeurism Statute: S.C. Code Ann. 16-17-470

What the Law Prohibits

South Carolina's voyeurism law at S.C. Code Ann. 16-17-470 makes it illegal to engage in peeping, voyeurism, or eavesdropping. Specifically, the statute prohibits:

• Peeping into a dwelling or building occupied by another person by looking through windows, doors, or other openings
• Using electronic devices to observe or record someone in a place where they have a reasonable expectation of privacy
• Video voyeurism involving the use of a camera or recording device to capture images of someone in a state of undress without their knowledge or consent

Penalties for Voyeurism

Offense	Classification	Maximum Penalty
First offense peeping/voyeurism	Misdemeanor	Up to 3 years in prison and/or fine at court discretion
Aggravated voyeurism (using device)	Felony	Up to 5 years in prison
Voyeurism involving a minor	Felony	Up to 10 years in prison

Courts take voyeurism offenses seriously, and a conviction may require registration as a sex offender depending on the circumstances of the case and the victim's age.

Where You Cannot Record Video

Under the voyeurism statute, you cannot record video in places where people have a reasonable expectation of privacy, including:

• Bathrooms and restrooms
• Locker rooms and changing rooms
• Fitting rooms in retail stores
• Hotel rooms and bedrooms (without occupant consent)
• Anywhere someone is in a state of undress and expects privacy

The 2025 Intimate Images Law: S.C. Code Ann. 16-15-332

Background

On May 12, 2025, Governor Henry McMaster signed S.C. Code Ann. 16-15-332 into law. South Carolina had been the last state in the country without a law specifically addressing the non-consensual distribution of intimate images, sometimes referred to as "revenge porn."

What the Law Covers

The statute makes it a crime to distribute intimate or sexually explicit images of another person without their consent. Key provisions include:

• First offense without intent to harm: Misdemeanor, up to $5,000 fine and 1 year in prison
• Second or subsequent offense: Felony, up to $5,000 fine and 5 years in prison
• Distribution with intent to harm: Felony, regardless of whether it is a first offense
• AI-generated deepfakes: The law covers digitally forged or AI-altered images that falsely depict someone in intimate situations

This law applies to both images and video. Recording intimate content with consent but later distributing it without consent is now a criminal offense in South Carolina.

Civil Remedies

In addition to criminal penalties, victims can pursue civil remedies including injunctions to stop distribution and monetary damages for harm caused by the unauthorized sharing of intimate images.

Video Recording and Law Enforcement

Recording Police Officers

You have the right to record law enforcement officers performing their duties in public spaces in South Carolina. The First Amendment protects this activity, and South Carolina courts have not imposed restrictions on public recording of police.

You can record:

• Traffic stops, including your own
• Arrests happening in public
• Officer interactions at public events
• Police activity visible from public spaces

Limitations: You must not physically interfere with police operations, obstruct an officer's duties, or trespass to obtain a better recording angle. If an officer asks you to move back from an active scene, comply with reasonable requests.

Police Body Camera Footage

South Carolina's Law Enforcement Body Camera Act (S.C. Code Ann. 23-1-240) governs how police departments use body-worn cameras. Under this law:

• Officers must activate body cameras during law enforcement actions
• Footage must be retained for a minimum period
• The public can request body camera footage through Freedom of Information Act requests, subject to certain exemptions
• Law enforcement agencies must establish written policies for body camera use

Body camera footage is classified as a public record in South Carolina, although the release of footage may be delayed or restricted in certain cases involving ongoing investigations or sensitive content.

Using Video Recordings as Evidence

Admissibility Standards

Video recordings are admissible as evidence in South Carolina courts if they meet the following requirements:

Authentication. The offering party must demonstrate that the video is an accurate representation of what it purports to show. This can be done through testimony from the person who made the recording, testimony from someone who witnessed the events depicted, or through technical evidence about the recording device and its reliability.

Relevance. The video must be relevant to a material issue in the case.

No unfair prejudice. Under Rule 403 of the South Carolina Rules of Evidence, a court may exclude video evidence if its prejudicial effect substantially outweighs its probative value.

Chain of custody. For criminal cases, the prosecution must typically establish a chain of custody showing that the video has not been tampered with since it was recorded.

Video Evidence in Specific Contexts

• Personal injury cases: Surveillance video and dashcam footage are routinely admitted in personal injury and automobile accident cases
• Criminal cases: Security camera footage, body camera footage, and bystander recordings are commonly used as prosecution evidence
• Family court: Video recordings documenting a parent's behavior may be admitted in custody proceedings
• Employment disputes: Workplace video may be used to support claims of harassment, discrimination, or unsafe conditions

Drones and Aerial Video Recording

Current South Carolina Law

South Carolina does not have a comprehensive drone privacy statute, but several laws apply to drone operations:

• Federal Aviation Administration (FAA) regulations govern where and how drones can fly. The FAA requires registration for drones weighing more than 0.55 pounds and imposes altitude and airspace restrictions.
• Local ordinances in some South Carolina cities and counties may restrict drone operations in certain areas.
• Voyeurism laws still apply to drone-mounted cameras. Using a drone to record someone in a place where they have a reasonable expectation of privacy could violate S.C. Code Ann. 16-17-470.
• Trespass law may apply if a drone is flown at very low altitudes over private property.

Best Practices for Drone Recording

If you operate a drone with a camera in South Carolina:

• Follow all FAA regulations and obtain necessary certifications
• Do not fly over private property at low altitudes to capture footage of people in private settings
• Avoid recording through windows or into fenced backyards
• Be aware that capturing audio from a drone may implicate the wiretapping statute if the audio captures private conversations

Pending Legislation Affecting Video Recording

Bill 3042: Updated Voyeurism Statute

Bill 3042 in the 2025-2026 legislative session would update S.C. Code Ann. 16-17-470 to cover AI-generated deepfake images and increase penalties for voyeurism-related offenses. As of March 2026, this bill has not been enacted.

Bill 4675: Surveillance Regulation

Bill 4675, the South Carolina Community Data Protection and Responsible Surveillance Act, would impose new rules on law enforcement surveillance systems, including video surveillance. The bill would establish data storage and retention limits for government surveillance footage. This bill is also pending as of March 2026.

Practical Guidelines for Video Recording in South Carolina

When You Can Record Video

• In any public space where you have a right to be
• On your own property (with privacy limitations for guest areas)
• At public government meetings and hearings
• During interactions with police officers in public
• For security purposes on your business premises

When You Cannot Record Video

• In private areas where people have a reasonable expectation of privacy (bathrooms, changing rooms, locker rooms)
• On private property after being told to stop by the owner
• Using hidden cameras to capture intimate images without consent
• Through windows or other openings into private dwellings
• Using drones to surveil private spaces from above

South Carolina Recording Law Sub-Topics

Audio Recording | Video Recording | Voyeurism Laws | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | School Recording | Medical Recording

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