South Dakota Laws on Recording in Public

South Dakota permits recording in public places. No state statute prohibits filming, photographing, or audio recording where people have no reasonable expectation of privacy, and the First Amendment protects this activity. For audio, one-party consent under SDCL 23A-35A-20 applies when you are part of the conversation.

South Dakota broadly permits recording in public places. There is no state statute that prohibits filming, photographing, or audio recording in locations where people have no reasonable expectation of privacy. The First Amendment to the U.S. Constitution and South Dakota's Open Meetings Law (SDCL 1-25) provide additional protections for recording public activity and government proceedings.

This guide explains your rights to record in public in South Dakota, the limits on those rights, and how public recordings are treated under state law.

Your Right to Record in Public

Constitutional Protections

The First Amendment protects the right to gather information about matters of public interest through recording. This includes:

• Filming on public streets, sidewalks, and highways. These are traditional public forums where recording is broadly protected.
• Recording in public parks and recreational areas. Government-owned parks and open spaces are public property where you can film freely.
• Photographing government buildings. You can photograph the exterior of government buildings from public property.
• Recording public events. Parades, festivals, protests, and community gatherings can be recorded.
• Documenting police activity. Recording law enforcement performing duties in public is protected. See our recording police page for detailed guidance.

These rights apply equally to professional journalists, independent media creators, and members of the general public. You do not need a press credential or media affiliation to record in public.

No Expectation of Privacy in Public

South Dakota's recording laws hinge on the concept of "reasonable expectation of privacy." In public places, this expectation is minimal or nonexistent.

No expectation of privacy (recording generally permitted):

• Public streets and sidewalks
• Parks, beaches, and public recreational facilities
• Government building lobbies and public areas
• Stores, restaurants, and businesses open to the public (subject to owner's rules)
• Public transportation vehicles and stations
• Parking lots
• Public events, rallies, and protests

Some expectation of privacy (recording may be restricted):

• Private offices with closed doors
• Hospital rooms (as distinguished from emergency areas)
• Private residences
• Areas screened from public view (fenced backyards, enclosed patios)

Recording Government Meetings

South Dakota's Open Meetings Law

South Dakota provides one of the clearest statutory protections for recording government meetings in the country. Under SDCL 1-25-11:

No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive.

The law requires only that your recording be:

• Reasonable in its methods
• Obvious to meeting participants
• Not disruptive to the proceedings

This means you can bring a camera, phone, or audio recorder to any open government meeting and record the proceedings. You do not need prior permission from the public body.

What Meetings Are Covered

The Open Meetings Law applies to all official meetings of public bodies, including:

• City and town council meetings
• County commission meetings
• School board meetings
• State legislative sessions and committee hearings
• Public hearings on zoning, permits, and other matters
• Board and commission meetings at the state and local level
• Special meetings and work sessions of public bodies

An "official meeting" includes any gathering of a quorum of a public body at which discussion or decisions on public business occur, whether in person or via electronic means.

Closed Sessions

Public bodies can close portions of meetings under limited circumstances specified in SDCL 1-25-2, such as discussions of pending litigation, personnel matters, or student disciplinary proceedings. During closed (executive) sessions, the public and their recording devices are excluded.

The public body must cite the specific statutory authority for closing the meeting. A violation of the Open Meetings Law is a Class 2 misdemeanor.

Audio Recording in Public Places

One-Party Consent in Public Settings

South Dakota's one-party consent rule under SDCL 23A-35A-20 applies to audio recording in public. If you are participating in a conversation in a public place, you can record the audio without telling the other person.

For conversations you are not part of, the analysis depends on whether the speakers have a reasonable expectation of privacy:

• Public conversation at normal volume: No expectation of privacy. Recording is generally permissible.
• Whispered or deliberately private conversation in public: May carry some expectation of privacy. Using a directional microphone or amplification device to capture such a conversation could raise legal concerns.
• Conversation in a secluded area of a public place: Context-dependent. A conversation in a busy restaurant lobby carries less privacy expectation than one in a private dining room.

Street Photography and Video

South Dakota has no statute restricting photography or videography in public. You can:

• Photograph or film people on public streets
• Record public behavior and events
• Film storefronts and building exteriors from public property
• Use professional camera equipment in public spaces

While there is no legal prohibition on photographing people in public, South Dakota's voyeurism statute SDCL 22-21-4 does apply even in public settings. You cannot use a camera to photograph under or through someone's clothing without their consent.

Recording on Private Property Open to the Public

Business Premises

Stores, restaurants, malls, and other businesses are private property even though they invite the public inside. The property owner or manager has the right to:

• Set rules about recording on their premises
• Ask you to stop recording
• Ask you to leave if you refuse to stop recording
• Call police if you refuse to leave (trespassing)

However, any footage you recorded before being asked to stop is generally legal. The act of recording in a public area of a business does not violate South Dakota's wiretapping or hidden camera statutes.

Houses of Worship

Churches, temples, mosques, and other religious venues are private property. Their leaders can restrict or prohibit recording during services and events. If recording is prohibited and you refuse to comply, you can be asked to leave.

Sports Venues and Entertainment Facilities

Stadiums, arenas, theaters, and concert venues often restrict recording through their terms of entry. These are contractual restrictions, not state law. Breaking these rules may result in ejection from the venue but is not a criminal offense under South Dakota recording statutes.

Recording Public Protests and Demonstrations

Your Rights as a Protester or Bystander

The First Amendment strongly protects the right to record protests and demonstrations on public property. You can:

• Film police interactions with protesters
• Record crowd activity and protest signs
• Livestream protests to social media
• Photograph participants in public

Press and Media Rights

Journalists and media members have the same recording rights as the general public in South Dakota. There is no special press exemption or enhanced right, but there is also no restriction on media recording that does not apply equally to all people.

The Reporters Committee for Freedom of the Press provides a South Dakota-specific guide for journalists covering their recording rights.

Drone Recording in Public

Drone recording in public airspace is generally permitted in South Dakota, subject to Federal Aviation Administration regulations. However, SDCL 22-21-1 prohibits using drones to photograph or record people in private places where they have a reasonable expectation of privacy.

For public area drone recording:

• Follow FAA regulations on altitude, line of sight, and no-fly zones
• Do not fly over private property at low altitude to peer into windows or backyards
• Avoid recording in areas where people have a reasonable expectation of privacy
• Be aware of local ordinances that may restrict drone use in certain areas

Using Public Recordings as Evidence

Recordings made in public places are regularly used as evidence in South Dakota courts. Common uses include:

• Traffic accident documentation
• Assault and battery cases
• Property damage claims
• Harassment and stalking prosecutions
• Slip-and-fall and personal injury lawsuits

To use a public recording as evidence, you must authenticate it and establish its relevance. The recording should be preserved in its original form without editing.

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