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

SDCL 22-21-1 does not name drones specifically, but its general prohibition on installing or using "any device for observing, photographing, recording, amplifying, or broadcasting sounds or events" in a private place is broad enough to reach drone surveillance: using a drone to photograph, record, or observe another person in a private place where that person has a reasonable expectation of privacy would qualify as a Class 1 misdemeanor under this general device language.

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:

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

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 5 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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