South Dakota
South Dakota Video Recording Laws
In South Dakota, silent video recording is legal in any public space. When audio is captured, the one-party consent rule under SDCL 23A-35A-20 applies. SDCL 22-21-1 bars recording devices in private places, and SDCL 22-21-4 prohibits voyeuristic recordings regardless of location.
South Dakota allows video recording in public spaces without restriction. The state has no statute that broadly prohibits filming in areas where people have no reasonable expectation of privacy. However, two key statutes create strict limits on video recording in private settings: SDCL 22-21-1 prohibits hidden cameras and drone surveillance in private places, and SDCL 22-21-4 targets voyeuristic recordings.
This guide explains where you can and cannot use video cameras in South Dakota, how privacy expectations shape the legal analysis, and the criminal penalties for violations.
Public Video Recording in South Dakota
Your Right to Record in Public
South Dakota does not restrict video recording in public locations. You have the right to film on:
- Public streets, sidewalks, and highways
- Parks and recreational areas
- Government buildings open to the public
- Public transit stations and vehicles
- Retail stores and restaurants (subject to the property owner's rules)
- Public events, festivals, and demonstrations
Video-only recording in public does not implicate South Dakota's wiretapping statute (SDCL 23A-35A-20), which focuses on the interception of audio communications. Silent video recording in public requires no consent from anyone.
When Public Recording Includes Audio
If your video camera also captures audio, South Dakota's one-party consent rule applies to the audio portion. As long as you are participating in any conversation being recorded, the audio capture is lawful. If you are simply filming a public scene and picking up ambient sounds, no consent is required because there is no expectation of privacy in public conversations.
Recording on Private Property Open to the Public
Businesses, shopping malls, and other private properties that invite the public inside may set their own rules about recording. A property owner can ask you to stop recording or leave the premises. If you refuse, you may be trespassing. However, any video you captured before being asked to leave is generally legal.
Video Recording in Private Places
SDCL 22-21-1: Hidden Cameras and Surveillance Devices
SDCL 22-21-1 is South Dakota's primary statute restricting video surveillance in private settings. Under this law, it is a Class 1 misdemeanor to:
- Trespass on property with the intent to subject anyone to eavesdropping or other surveillance in a private place
- Install in any private place, without the consent of the person entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events
- Use any such unauthorized installation to observe, photograph, record, amplify, or broadcast sounds or events in a private place
The statute also specifically addresses drones: it is a Class 1 misdemeanor to intentionally use a drone to photograph, record, or observe another person in a private place where that person has a reasonable expectation of privacy.
Law enforcement officers acting in the performance of their lawful duties are exempt from these restrictions.
What Counts as a "Private Place"?
South Dakota law does not provide a statutory definition of "private place" in SDCL 22-21-1, but courts apply a reasonable expectation of privacy standard. Places generally considered private include:
- Bedrooms and bathrooms
- Hotel and motel rooms
- Locker rooms and changing rooms
- Private offices with closed doors
- Medical examination rooms
- Any enclosed area where a person reasonably believes they are not being observed
Places generally not considered private include:
- Public sidewalks and streets
- Store aisles and lobbies
- Open office areas
- Parking lots
- Government buildings open to the public
Penalties for Hidden Camera Violations
A violation of SDCL 22-21-1 is a Class 1 misdemeanor, punishable by:
| Offense | Maximum Jail Time | Maximum Fine |
|---|---|---|
| Installing hidden camera in private place | 1 year | $2,000 |
| Using hidden camera in private place | 1 year | $2,000 |
| Drone surveillance of private place | 1 year | $2,000 |
Voyeuristic Video Recording (SDCL 22-21-4)
What the Statute Prohibits
SDCL 22-21-4 specifically targets video recordings made for voyeuristic purposes. Under this law, no person may use any device to photograph or visually record another person:
- Without clothing, or under or through their clothing
- Without the person's consent
- With intent to sexually gratify, harass, or embarrass the person
This statute applies regardless of whether the recording occurs in a public or private place. Even in a public setting, using a camera to capture images up someone's skirt or down their shirt without consent violates this law.
Penalties for Voyeuristic Recording
| Offense | Classification | Maximum Prison | Maximum Fine |
|---|---|---|---|
| Voyeuristic recording (adult victim) | Class 1 Misdemeanor | 1 year | $2,000 |
| Voyeuristic recording (victim under 18, perpetrator 21+) | Class 6 Felony | 2 years | $4,000 |
Deepfake Video Protections (2026 Legislation)
The 2026 South Dakota legislative session introduced new protections related to digitally manipulated video and images:
- SB 41, signed by Governor Larry Rhoden on March 17, 2026 and effective July 1, 2026, amends SDCL 22-21-4 to make creation or distribution of AI-generated deepfake images depicting an identifiable person in a state of nudity or engaged in a sexually explicit act a Class 6 felony. Attorney General Marty Jackley proposed the legislation.
- SB 164, signed by Governor Larry Rhoden on March 25, 2025, prohibits the use of political deepfakes to influence elections within 90 days of an election. Violations are a Class 1 misdemeanor.
These laws reflect South Dakota's growing recognition that video manipulation technology creates new privacy threats that existing recording statutes were not designed to address.
Video Recording in Specific Settings
Workplace Video Surveillance
South Dakota employers can install video cameras in common work areas such as sales floors, warehouses, loading docks, and shared office spaces. Employers should not place cameras in:
- Bathrooms and restrooms
- Locker rooms and changing areas
- Break rooms designated as private spaces
There is no South Dakota statute specifically governing employer video surveillance, but SDCL 22-21-1 applies to cameras placed in areas where employees have a reasonable expectation of privacy. The National Labor Relations Act also restricts employer surveillance that interferes with employees' protected concerted activity.
Security Cameras on Residential Property
South Dakota homeowners can install security cameras on their own property. Best practices include:
- Pointing cameras at your own property, not directly into a neighbor's windows
- Avoiding audio recording of conversations you are not part of
- Not recording areas where others have a reasonable expectation of privacy
- Posting signage to notify visitors that recording is in progress
Dashcam Video
Dashcams are legal in South Dakota. There are no state statutes specifically prohibiting their use. Video captured by a dashcam on public roads is lawful because there is no expectation of privacy on public highways. South Dakota law does require that any device mounted in your vehicle not obstruct your view of the road.
Recording Government Meetings
Under SDCL 1-25-11, no public body may prevent a person from recording a public meeting that is open to the public, as long as the recording is reasonable, obvious, and not disruptive. This right extends to video recording of:
- City and county commission meetings
- School board meetings
- State legislative proceedings
- Public hearings
Using Video Recordings as Evidence
Admissibility in South Dakota Courts
Video recordings made in compliance with South Dakota law are generally admissible as evidence. Courts will evaluate:
- Authentication: Can you demonstrate the video is genuine, unedited, and accurately depicts what occurred?
- Relevance: Does the video relate to a material issue in the case?
- Chain of custody: Has the recording been properly preserved since it was made?
- Prejudicial vs. probative value: Does the video's evidentiary value outweigh any potential to unfairly influence the jury?
Dashcam footage, security camera video, and personal recordings are commonly admitted in South Dakota courts for traffic accident cases, property crime prosecutions, and civil disputes.
Illegally Obtained Video
Video recordings made in violation of SDCL 22-21-1 or SDCL 22-21-4 may be inadmissible as evidence. Presenting illegally obtained video could also expose you to criminal charges and civil liability.
Video Recording and the First Amendment
The First Amendment protects the right to record matters of public interest, including police activity, government proceedings, and public events. The Eighth Circuit Court of Appeals (which covers South Dakota) has addressed bystander recording in Chestnut v. Wallace (947 F.3d 1085, 2020), Robbins v. City of Des Moines (984 F.3d 673, 2021), and Molina v. Book (No. 21-1830, 2023, cert. denied 2024). Chestnut clearly established the right to passively observe police; the Eighth Circuit has not yet recognized a clearly established right to record as a stand-alone doctrine, though general First Amendment principles support recording on public property.
In South Dakota, you can:
- Film police officers performing their duties in public
- Record traffic stops, arrests, and other police activity from a safe distance
- Video record public protests and demonstrations
- Film on public property without restriction
You should not interfere with police operations, trespass on private property, or obstruct officers while recording.
More South Dakota Recording Laws
Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording
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Frequently Asked Questions
Is it legal to video record someone in South Dakota without their consent?
It depends on the location. In public spaces, you can video record anyone without consent because there is no reasonable expectation of privacy. In private places like homes, bathrooms, and locker rooms, SDCL 22-21-1 requires consent from the person entitled to privacy before you can use any recording device.
Are hidden cameras legal in South Dakota?
Hidden cameras are illegal in private places under SDCL 22-21-1. You cannot install a hidden camera in a bathroom, bedroom, locker room, or any other location where someone has a reasonable expectation of privacy without their consent. Violations are a Class 1 misdemeanor. Hidden cameras in public areas are not specifically prohibited.
Can I use a drone to record video in South Dakota?
You can use a drone to record video in public spaces. However, SDCL 22-21-1 specifically prohibits using a drone to photograph, record, or observe another person in a private place where they have a reasonable expectation of privacy. Violating this rule is a Class 1 misdemeanor carrying up to 1 year in jail and a $2,000 fine.
Can I record a public meeting in South Dakota?
Yes. Under SDCL 1-25-11, no public body may prevent a person from recording a public meeting that is open to the public. Your recording must be reasonable, obvious, and not disruptive to the proceedings.
What are the penalties for voyeuristic video recording in South Dakota?
Voyeuristic recording under SDCL 22-21-4 is a Class 1 misdemeanor punishable by up to 1 year in jail and a $2,000 fine. If the victim is under 18 and the perpetrator is 21 or older, the offense becomes a Class 6 felony carrying up to 2 years in prison and a $4,000 fine.
Sources and References
- SDCL 22-21-1 -- Trespassing With Intent to Eavesdrop; Hidden Cameras and Drones(sdlegislature.gov).gov
- SDCL 22-21-4 -- Voyeuristic Recording and Manipulated Images(sdlegislature.gov).gov
- SDCL 23A-35A-20 -- Interception of Communications(sdlegislature.gov).gov
- SDCL 1-25-11 -- Recording of Open Official Meeting(sdlegislature.gov).gov
- South Dakota Chapter 22-21 -- Privacy Offenses(sdlegislature.gov).gov
- National Labor Relations Act(nlrb.gov).gov
- Reporters Committee for Freedom of the Press -- South Dakota Recording Guide(rcfp.org)