South Dakota Surveillance Camera Laws (2026 Guide)

South Dakota allows surveillance cameras on your own property but prohibits installing recording devices in private places without consent under SDCL 22-21-1. For audio, South Dakota follows a one-party consent rule under SDCL 23A-35A-20, meaning at least one party to a conversation must consent before you record.

Overview of South Dakota Surveillance Camera Laws

South Dakota does not have a single, comprehensive surveillance camera statute. Instead, multiple state laws work together to regulate how and where cameras can be used. The primary statutes include SDCL 22-21-1 (trespassing to eavesdrop and unauthorized surveillance devices), SDCL 22-21-3 (window peeking), SDCL 22-21-4 (visual recording without consent), SDCL 23A-35A-20 (eavesdropping and recording communications), and SDCL 50-15 (drone regulations).

The central legal concept running through all of these provisions is the "reasonable expectation of privacy." Surveillance cameras are generally legal in South Dakota when used in areas where people do not have a reasonable expectation of privacy, such as public streets, open front yards, and common areas of businesses. Recording becomes a criminal offense when cameras capture images or audio in private spaces without the consent of the person being recorded.

Understanding these laws is essential for South Dakota homeowners installing security systems, employers considering workplace monitoring, and residents who want to protect their own privacy rights.

Home Security Camera Laws in South Dakota

South Dakota law permits homeowners to install security cameras on their own property for purposes such as deterring burglary, monitoring deliveries, and keeping an eye on their home while traveling. No state law requires homeowners to register security cameras or obtain a permit before installation.

Where You Can Place Home Security Cameras

You can legally place cameras in the following areas of your property:

• Front door and porch areas for monitoring visitors and package deliveries
• Driveways and garages to record vehicle activity and deter theft
• Backyards to monitor your own property and outdoor spaces
• Common living areas inside your home, such as living rooms and kitchens
• Exterior walls aimed at your own property boundaries and public-facing areas

Where You Cannot Place Home Security Cameras

Under SDCL 22-21-1, it is a Class 1 misdemeanor to install any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in any private place without the consent of the person entitled to privacy there. Cameras become illegal when placed in areas where others have a reasonable expectation of privacy:

• Bathrooms and restrooms in your home where guests or residents expect privacy
• Guest bedrooms where visitors are staying
• Pointed directly into a neighbor's windows or interior living spaces
• Any area where someone is undressing or engaged in private activities

The statute specifically provides an exception for law enforcement officers and those acting under their direction while performing lawful duties.

Ring Doorbells and Smart Cameras

Video doorbells and smart security cameras such as Ring, Nest, and Arlo are legal in South Dakota. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.

However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under South Dakota law. Position your smart cameras to focus primarily on your own property and public areas.

Audio Recording on Home Security Cameras

Many modern security cameras include microphone capabilities. In South Dakota, audio recording is governed separately from video recording under SDCL 23A-35A-20. South Dakota follows a one-party consent rule, meaning at least one party to a conversation must consent for the recording to be legal.

If you are present and part of a conversation being captured by your security camera, you satisfy the one-party consent requirement by consenting to your own recording. However, if your outdoor camera picks up conversations between people passing by on the sidewalk and you are not part of those conversations, recording their audio without the consent of any participant could violate SDCL 23A-35A-20.

The safest approach is to either disable audio recording on exterior cameras or post visible signage indicating that audio and video recording is in progress. This way, anyone who continues a conversation within range of the camera has arguably provided implied consent.

Workplace Surveillance Camera Laws in South Dakota

South Dakota does not have a specific statute governing workplace video surveillance. Employers in the state generally follow federal law, including the Electronic Communications Privacy Act, and common-law privacy principles when installing cameras at work.

What Employers Can Do

Employers may install video surveillance cameras in the following areas:

• Lobbies, hallways, and reception areas for building security
• Parking lots to protect employees and company property
• Warehouses and production floors to monitor operations and safety
• Cash register areas to prevent theft and fraud
• Loading docks and entry points for security purposes

What Employers Cannot Do

Even without a specific state statute addressing workplace video, employers face restrictions based on privacy tort law and federal guidelines:

• Restrooms and changing areas are always off-limits for surveillance
• Break rooms may raise privacy concerns depending on the circumstances
• Union meeting areas are protected under the National Labor Relations Act
• Private offices where employees have a reasonable expectation of privacy may require notice

Audio Surveillance at Work

Employers who use cameras with audio recording capabilities must comply with SDCL 23A-35A-20. Since South Dakota is a one-party consent state, an employer cannot record private conversations between employees unless at least one party to the conversation has consented. The best practice for employers is to provide written notice to all employees that audio and video surveillance is in use and to obtain signed acknowledgments.

Employee Notification

While South Dakota does not require employers to notify employees of video-only surveillance, providing notice is strongly recommended. A clear workplace surveillance policy should outline where cameras are located, whether audio is recorded, how footage is stored, who has access to recordings, and how long recordings are retained. This transparency helps employers avoid invasion of privacy claims.

Hidden Cameras and Voyeurism Laws

South Dakota takes hidden camera offenses seriously. The state addresses voyeurism and unauthorized surveillance through several provisions under Title 22, Chapter 21 of the South Dakota Codified Laws.

SDCL 22-21-1: Unauthorized Surveillance Devices

SDCL 22-21-1 makes it a crime for any person 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

Drone-specific surveillance is addressed separately, in SDCL 50-15-5 (photographing or recording a person in a private place by drone) and SDCL 50-15-6 (landing a drone on someone's property without consent).

A violation of SDCL 22-21-1 is a Class 1 misdemeanor, punishable by up to 1 year in the county jail and a fine of up to $2,000 under SDCL 22-6-2.

SDCL 22-21-3: Window Peeking

Under SDCL 22-21-3, no person may enter the private property of another and peek in the door or window of any inhabited building or structure located on that property without having lawful purpose with the owner or occupant. A violation is a Class 1 misdemeanor.

This "peeping Tom" statute applies to physical intrusion and observation, not just electronic surveillance. It protects residents from people who come onto their property to look through windows or doors.

SDCL 22-21-4: Visual Recording Without Consent

SDCL 22-21-4 prohibits the use or dissemination of any visual recording or photographic device to photograph or visually record another person without clothing or under or through clothing, without the consent or knowledge of that person, with the intent to self-gratify, harass, or embarrass and invade the privacy of that person. Unlike SDCL 22-21-1, this statute applies regardless of location and does not require a reasonable expectation of privacy.

This statute specifically targets "upskirting" and similar invasive recording behaviors.

Penalties for Hidden Camera Offenses

Audio Recording Laws (One-Party Consent)

South Dakota is a one-party consent state for audio recording. SDCL 23A-35A-20 governs the interception and recording of communications.

What the Law Says

Under SDCL 23A-35A-20, a person is guilty of a Class 5 felony if they are not a sender or receiver of a communication and intentionally overhear or record the communication by means of an eavesdropping device without the consent of either a sender or receiver. The same rule applies to in-person conversations: a person who is not present during a conversation is guilty of a Class 5 felony if they intentionally overhear or record that conversation by means of an eavesdropping device without the consent of any party to the conversation.

What One-Party Consent Means in Practice

If you are part of a conversation, whether in person, on the phone, or through any electronic means, you can legally record it without telling the other participants. You do not need to inform anyone else that the recording is taking place, because your own consent as a party to the conversation satisfies the legal requirement.

However, you cannot place a hidden recording device to capture conversations between other people when you are not present and no party to the conversation has consented. Doing so constitutes illegal eavesdropping under South Dakota law.

Key Definitions Under SDCL 23A-35A-1

SDCL 23A-35A-1 provides important definitions that apply to the recording laws:

• Eavesdropping device: Any electronic, mechanical, or other apparatus intentionally used to intercept a wire, electronic, or oral communication
• Oral communication: Any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation
• Wire communication: Any communication made through facilities for transmission by wire, cable, radio, or other connection between origin and reception points
• Electronic communication: Any transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature transmitted by wire, radio, electromagnetic, electronic, or optical system

Penalties for Illegal Recording

Violating SDCL 23A-35A-20 is a Class 5 felony under SDCL 22-6-1. This is one of the most severe penalties in the country for illegal recording. The maximum penalties include:

• Up to 5 years imprisonment in a state correctional facility
• A fine of up to $10,000

This heavy penalty underscores how seriously South Dakota treats unauthorized recording and eavesdropping.

Interstate Recording Considerations

If you are communicating with someone located in a state that requires all-party consent (such as California, Florida, or Illinois), you must comply with the stricter law when interstate communications are involved. Always check the recording laws of the other party's state before recording a phone call or video chat.

Neighbor Disputes Over Security Cameras

Disagreements between neighbors about security cameras are increasingly common in South Dakota. State law provides guidance on where the line falls between legitimate security and unlawful surveillance.

When a Neighbor's Camera Is Legal

A neighbor's security camera is generally legal if it:

• Is pointed at the neighbor's own property
• Captures public areas like sidewalks and streets
• Records only video (without audio) of areas in public view
• Does not deliberately peer into your windows or private enclosed spaces

When a Neighbor's Camera May Be Illegal

A neighbor's camera may violate South Dakota law if it:

• Is deliberately aimed to look inside your home through windows
• Records your fully fenced backyard from an elevated position, capturing areas hidden from street view
• Records audio of your private conversations without your consent
• Is a hidden camera placed on your property without your knowledge, which would violate SDCL 22-21-1

Steps to Resolve a Camera Dispute

1. Talk to your neighbor. Many disputes arise from cameras that were not intentionally aimed at your property. A polite conversation can often resolve the issue.

2. Document the situation. If the camera clearly invades your privacy, take photos or video showing the camera's position and what it captures.

3. Send a written request. Ask your neighbor in writing to adjust the camera angle or position.

4. Contact local authorities. If you believe a neighbor is using a camera to engage in voyeurism or to record your private activities, file a police report. Violations of SDCL 22-21-1 and SDCL 22-21-4 carry criminal penalties.

5. Consult an attorney. You may have grounds for a civil invasion of privacy lawsuit if a neighbor's camera is deliberately aimed to capture your private activities.

Stalking and Harassment Through Surveillance

If a neighbor uses surveillance cameras as part of a pattern of harassment, South Dakota's stalking law under SDCL 22-19A-1 may apply. This statute prohibits willfully, maliciously, and repeatedly harassing another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication. Stalking is a Class 1 misdemeanor for a first offense. A second or subsequent conviction within ten years is a Class 6 felony, punishable by up to 2 years in prison and a $4,000 fine.

Physical Solutions

You can also take steps to block a camera's view of your property:

• Install privacy fencing along your property line
• Plant tall hedges or trees to create natural barriers
• Use window film or curtains to block interior views
• Install your own cameras to document any intrusive behavior

Nanny Cam Laws in South Dakota

Nanny cameras, or hidden cameras used to monitor caregivers in your home, are subject to specific considerations under South Dakota law.

Legal Requirements for Nanny Cams

Under SDCL 22-21-1, installing a recording device in a private place without the consent of the person entitled to privacy there is a Class 1 misdemeanor. While your home is your private property, areas designated for a caregiver's private use (such as a live-in nanny's bedroom or bathroom) are considered places where the caregiver has a reasonable expectation of privacy.

The safest legal approach is to inform caregivers that cameras are present in your home. Written disclosure eliminates any question about consent.

Where You Can Place a Nanny Cam

• Living rooms and family rooms where childcare takes place
• Kitchens and dining areas
• Playrooms and nurseries (in common areas)
• Hallways and entryways

Where You Cannot Place a Nanny Cam

• Bathrooms used by the caregiver
• Bedrooms designated for the caregiver's private use (for live-in nannies)
• Any room where the caregiver changes clothes or has a reasonable expectation of privacy

Audio on Nanny Cams

If your nanny cam records audio, South Dakota's one-party consent law under SDCL 23A-35A-20 applies. Since you are not present during the conversations being recorded, and no party to those conversations has consented, recording audio without the caregiver's knowledge could violate the eavesdropping statute. Because illegal eavesdropping is a Class 5 felony in South Dakota, this is a particularly important consideration.

The safest approach is to either disable audio recording on your nanny cam or inform the caregiver in writing that audio and video recording takes place in the home.

Drone Surveillance Laws in South Dakota

South Dakota has addressed drone surveillance through provisions in both the invasions of privacy chapter and a dedicated drone statute.

SDCL 50-15-5 and 50-15-6: Drone Privacy Protections

Under SDCL 50-15-5, it is a Class 1 misdemeanor to intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. Under SDCL 50-15-6, it is a separate Class 1 misdemeanor to land a drone on another person's property without the owner's consent, except in cases of forced landing.

SDCL 50-15: Drone Operations

SDCL Chapter 50-15 establishes additional regulations for drone operations in South Dakota. Key provisions include:

• Drone operators must comply with all applicable federal regulations
• Under SDCL 50-15-3, no person may operate a drone over the grounds of a prison, correctional facility, jail, juvenile detention facility, or military facility without authorization from the administrator of that facility. A violation is a Class 6 felony, punishable by up to 2 years in prison and a $4,000 fine under SDCL 22-6-1
• Under SDCL 50-15-4, using a drone to deliver contraband or controlled substances to a state prison or other correctional facility is a Class 6 felony, in addition to the penalty for the principal offense

Exceptions to Drone Surveillance Restrictions

• Law enforcement officers acting under lawful authority
• Surveying your own property with a drone
• Emergency situations involving forced landing
• Operations authorized by the facility administrator (for restricted areas)

Penalties Summary for Surveillance Violations in South Dakota

HOA and Local Regulations

In addition to state law, homeowners in South Dakota may be subject to additional surveillance camera rules imposed by their homeowners association (HOA) or local municipality.

HOA Camera Rules

South Dakota does not have a statewide law governing HOA security camera policies. However, your HOA's covenants, conditions, and restrictions (CC&Rs) may include rules about camera placement, visibility, and positioning. Common HOA restrictions include requirements that cameras be aesthetically discreet, prohibitions on cameras aimed at common areas managed by the HOA, and rules about notification to the association before installation.

Before installing cameras in an HOA community, review your governing documents or contact your HOA board for guidance. Local ordinances may supersede HOA bylaws when there is a conflict, especially regarding public health and safety concerns.

Local Ordinances

Some South Dakota cities and counties may have additional regulations regarding security cameras, particularly for commercial properties. Check with your local city hall or county clerk's office for any applicable ordinances. No statewide registration or permit requirement exists for residential security cameras.

Related South Dakota Camera and Privacy Laws

• South Dakota Recording Laws covers the consent rule that governs camera audio in South Dakota.
• South Dakota Security Camera Recording Rules explains the recording-law side of camera use.
• South Dakota Biometric Privacy Laws addresses facial recognition and biometric data.
• South Dakota Ring Doorbell Laws covers video doorbell rules in South Dakota.

Common Camera Questions

These national guides answer the most common surveillance camera questions:

• HOA Security Camera Rules
• Neighbor Security Camera Laws
• Nanny Cam Laws
• Workplace Surveillance Camera Laws
• Landlord Security Camera Laws

More South Dakota Laws

• South Dakota Data Privacy Laws
• South Dakota Deepfake Laws
• South Dakota Whistleblower Laws
• South Dakota Employee Monitoring Laws

Frequently Asked Questions

Are home security cameras legal in South Dakota?

Yes. South Dakota homeowners can legally install security cameras on their own property. Cameras may record outdoor areas such as driveways, porches, and yards, as well as common indoor areas like living rooms and kitchens. However, under SDCL 22-21-1, installing any device for observing, photographing, or recording in a private place without the consent of the person entitled to privacy there is a Class 1 misdemeanor. Cameras cannot be placed in bathrooms, guest bedrooms, or aimed directly into a neighbor's home.

Can my neighbor legally point a security camera at my house in South Dakota?

It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks or streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate SDCL 22-21-1 or SDCL 22-21-4. You can ask the neighbor to adjust the camera angle, file a police report if the recording appears illegal, or consult an attorney about a civil invasion of privacy claim.

Is it legal to use a nanny cam in South Dakota?

Yes, you can use a nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms used by the caregiver. If your nanny cam records audio, you must comply with the one-party consent rule under SDCL 23A-35A-20. Since you are not present during the recorded conversations, the safest approach is to inform the caregiver about both audio and video recording and to disable audio if you do not have the caregiver's consent.

Can my employer record me at work with security cameras in South Dakota?

South Dakota does not have a specific law addressing workplace video surveillance. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If cameras record audio, employers must comply with SDCL 23A-35A-20, which requires at least one party to a conversation to consent to the recording.

What are the penalties for illegal surveillance in South Dakota?

Penalties vary by offense. Installing an unauthorized surveillance device in a private place under SDCL 22-21-1 is a Class 1 misdemeanor with up to 1 year in jail and a $2,000 fine. Visual recording without consent under SDCL 22-21-4 is also a Class 1 misdemeanor, but becomes a Class 6 felony (up to 2 years and $4,000 fine) if the victim is 17 or younger and the offender is 21 or older, and any repeat violation of the recording or disclosure provisions is a Class 6 felony regardless of age. Creating or sharing digitally fabricated (deepfake) sexual or nude imagery of an identifiable person under SDCL 22-21-4 is a Class 5 felony, up to 5 years and a $10,000 fine, with no age requirement for the victim or offender. Illegal eavesdropping under SDCL 23A-35A-20 is a Class 5 felony, carrying up to 5 years in prison and a $10,000 fine.