South Carolina

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202612 min read

In South Carolina, video recording is legal wherever people lack a reasonable expectation of privacy, including public streets, parks, and government buildings. Recording in private spaces such as bathrooms violates the voyeurism statute at S.C. Code Ann. 16-17-470. When your video also captures audio, one-party consent applies under S.C. Code Ann. 17-30-30.

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

South Carolina empty courtroom witness stand with a small condenser microphone on an adjustable arm

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

South Carolina modern smart speaker device sitting on a kitchen countertop

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

South Carolina lapel microphone clipped to a charcoal blazer

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

More South Carolina Laws

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Frequently Asked Questions

Is it legal to record video in public in South Carolina?

Yes. South Carolina has no law prohibiting [video recording in public spaces. You can film on public streets, in parks, at government buildings, and at public events. Video-only recording in public does not fall under the state wiretapping statute, which covers oral and wire communications. If your video also captures audio of private conversations, one-party consent](/is-it-illegal-to-video-record-someone-without-their-consent) rules apply.

Can I record video on someone else's private property in South Carolina?

Only if the property owner allows it. Private property owners can prohibit video recording and ask you to leave if you refuse to stop. Continuing to record after being told to stop could result in trespassing charges under S.C. Code Ann. 16-11-610. Some businesses and venues post signs prohibiting recording.

What are the penalties for video voyeurism in South Carolina?

Video voyeurism is punished under S.C. Code Ann. 16-17-470. A first offense can result in up to 3 years in prison. Aggravated voyeurism using an electronic device is a felony with up to 5 years. If the victim is a minor, the penalty increases to up to 10 years. Convictions may also require sex offender registration.

Is it illegal to share intimate videos without consent in South Carolina?

Yes. Since May 2025, S.C. Code Ann. 16-15-332 makes it a crime to distribute intimate or sexually explicit images or video without the depicted person's consent. A first offense is a misdemeanor (up to 1 year in prison and $5,000 fine), while repeat offenses or distribution with intent to harm are felonies (up to 5 years and $5,000 fine). The law also covers AI-generated deepfakes.

Can I install security cameras on my property in South Carolina?

Yes. You can install video security cameras on your own property in South Carolina. Cameras should be pointed at your own property and common areas, not at neighbors' private spaces. You should avoid placing cameras in areas where guests or household members have a reasonable expectation of privacy, such as bathrooms and bedrooms. If cameras capture audio, one-party consent rules apply.

Sources and References

South Carolina Code of Laws, Title 17, Chapter 30 -- Interception of Wire, Electronic, or Oral Communications(scstatehouse.gov).gov
South Carolina Code of Laws, Title 16, Chapter 17 -- Offenses Against Public Policy (Voyeurism)(scstatehouse.gov).gov
Gov. McMaster Signs Unauthorized Disclosure of Intimate Images Bill Into Law (May 2025)(governor.sc.gov).gov
South Carolina Freedom of Information Act, Title 30, Chapter 4(scstatehouse.gov).gov
South Carolina Law Enforcement Body Camera Act (S.C. Code Ann. 23-1-240)(scstatehouse.gov).gov
2025-2026 Bill 3042: Eavesdropping, Peeping, and Voyeurism Updates(scstatehouse.gov).gov
FAA Drone Registration and Rules(faa.gov).gov

Recording Laws

South Carolina Laws

South Carolina

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

By Recording Law Editorial TeamPublished March 23, 2026Reviewed May 15, 202612 min read

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.