South Dakota Voyeurism Laws

South Dakota has two primary statutes that address voyeurism and hidden camera offenses. SDCL 22-21-4 prohibits using any device to photograph or visually record someone without their clothing, or under or through their clothing, without consent and with intent to sexually gratify, harass, or embarrass. SDCL 22-21-1 prohibits installing or using any surveillance device in a private place without the consent of the person entitled to privacy there.

This guide covers the full scope of South Dakota's voyeurism and hidden camera laws, including what conduct is prohibited, the criminal penalties, how these laws interact with the state's wiretapping statute, and the new 2026 deepfake protections.

South Dakota's Voyeurism Statute (SDCL 22-21-4)

What the Law Prohibits

Under SDCL 22-21-4, no person may use any device to photograph or visually record another person:

• Without clothing -- capturing images of a person who is nude or partially nude
• Under or through their clothing -- using a camera angled to see beneath or through someone's garments
• Without the person's consent -- the subject has not agreed to be photographed or recorded in this manner
• With the required intent -- the recording is made with intent to sexually gratify the recorder, or to harass or embarrass the subject

This statute applies in both public and private settings. Even on a public street or in a store, using a camera to capture images up someone's skirt or down their shirt violates this law.

Elements Prosecutors Must Prove

To secure a conviction under SDCL 22-21-4, prosecutors must establish:

1. The defendant used a device to photograph or visually record another person
2. The recording captured the person without clothing, or under or through their clothing
3. The person recorded did not consent
4. The defendant acted with intent to sexually gratify themselves, or to harass or embarrass the victim

The intent element is critical. A person who accidentally captures an image that reveals undergarments has not committed voyeurism unless the prosecution can show deliberate intent.

Criminal Penalties

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

The enhanced penalty for offenses involving minors reflects South Dakota's recognition that children and teenagers are particularly vulnerable to this type of exploitation. The age threshold requires the perpetrator to be at least 21 and the victim to be 17 or younger.

Manipulated Images Under SDCL 22-21-4

SDCL 22-21-4 was amended to address not just traditional recordings but also manipulated images. Creating a digitally altered image that makes it appear as though a person is unclothed or engaged in sexual conduct falls under this statute when done without consent and with the required intent.

This provision was in place before the 2026 deepfake legislation and provides an existing foundation for prosecuting certain types of image manipulation.

Hidden Camera Law (SDCL 22-21-1)

What the Law Prohibits

SDCL 22-21-1 addresses hidden cameras and surveillance devices more broadly than the voyeurism statute. 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 any device in a private place, without the consent of the person entitled to privacy there, for the purpose of observing, photographing, recording, amplifying, or broadcasting sounds or events
• Use any such unauthorized installation to observe, photograph, record, amplify, or broadcast sounds or events
• Employ a drone to intentionally photograph, record, or observe another person in a private place where they have a reasonable expectation of privacy

How SDCL 22-21-1 Differs From the Voyeurism Statute

The two statutes target different types of conduct:

Feature	SDCL 22-21-4 (Voyeurism)	SDCL 22-21-1 (Hidden Cameras)
Location	Public or private	Private places only
Type of recording	Under/through clothing or nudity	Any observation or recording
Intent required	Sexual gratification, harassment, or embarrassment	Intent to subject to surveillance
Drone coverage	Not specifically addressed	Specifically covered
Law enforcement exemption	No specific exemption stated	Exempts officers acting lawfully

A single act can violate both statutes. For example, placing a hidden camera in a bathroom to record someone undressing violates SDCL 22-21-1 (hidden camera in a private place) and SDCL 22-21-4 (recording without clothing, without consent, with intent to sexually gratify).

The Law Enforcement Exception

SDCL 22-21-1 specifically exempts law enforcement officers, or those acting under their direction, while engaged in the performance of their lawful duties. This exception allows police to use surveillance cameras and recording devices during authorized investigations, including executing search warrants and conducting lawful surveillance operations.

Where Voyeurism and Hidden Camera Laws Apply

Private Places

The strongest protections apply in locations where people have a reasonable expectation of privacy:

• Bathrooms and restrooms -- whether residential, commercial, or public
• Locker rooms and changing areas -- in gyms, pools, schools, and workplaces
• Bedrooms -- including hotel and motel rooms
• Medical examination rooms -- including doctor's offices and clinics
• Dressing rooms -- in retail stores and theaters
• Private residences -- any enclosed area within a home

Placing a hidden camera in any of these locations without the consent of the person entitled to privacy violates SDCL 22-21-1.

Public Places

SDCL 22-21-4 extends voyeurism protections to public places. Even on a busy sidewalk, using a device to record under someone's clothing is illegal. However, SDCL 22-21-1 generally does not apply in public because there is no reasonable expectation of privacy.

Standard photography and video recording of people in public spaces remains legal under South Dakota law, as long as the recording is not made under or through someone's clothing.

The Workplace

Employers who install hidden cameras in areas where employees have a reasonable expectation of privacy risk violating SDCL 22-21-1. Cameras in bathrooms, locker rooms, and changing areas are always illegal. Cameras in common work areas such as sales floors, warehouses, and shared offices are generally permissible.

Drone Surveillance and Voyeurism

SDCL 22-21-1 specifically addresses drone technology. Using a drone to photograph, record, or observe another person in a private place where they have a reasonable expectation of privacy carries the same Class 1 misdemeanor penalty as using a hidden camera.

This provision is particularly relevant because drones can reach windows, backyards, and other areas that would be difficult to access with traditional surveillance equipment. Flying a drone to peer into someone's bedroom window or photograph them in their fenced backyard violates this statute.

Federal Aviation Administration regulations also govern drone operations in South Dakota, including altitude restrictions, line-of-sight requirements, and no-fly zones near airports.

Nonconsensual Intimate Images ("Revenge Porn")

South Dakota addresses the nonconsensual sharing of intimate images separately from its voyeurism statutes. Distributing intimate images of another person without their consent, when done with the intent to harass, intimidate, or harm, can result in criminal charges.

The 2026 legislative session expanded these protections with SB 41, which targets AI-generated deepfake images. Under this bill, creating or distributing an AI-generated image that depicts a real, identifiable person in a state of nudity or in a sexually explicit act, without that person's consent, is a criminal offense. The State Senate passed SB 41 unanimously after Attorney General Marty Jackley proposed the legislation.

SB 164, signed by Governor Larry Rhoden, separately addresses the use of deepfakes in political campaigns, making it a Class 1 misdemeanor to use manipulated media to influence elections within 90 days of an election.

Interaction With Federal Law

South Dakota's voyeurism and hidden camera laws operate alongside federal protections:

• The Video Voyeurism Prevention Act of 2004 (18 U.S.C. 1801) makes it a federal crime to capture images of a person's private areas without consent in circumstances where the person has a reasonable expectation of privacy. This applies on federal property and in areas of special maritime and territorial jurisdiction.
• FERPA protections apply in schools, restricting how recorded images of students can be shared.
• Federal wiretap law (18 U.S.C. 2511) applies to audio captured by hidden cameras.

Reporting Voyeurism in South Dakota

If you are a victim of voyeurism or discover a hidden camera, you should:

1. Contact local law enforcement immediately. Report the incident to your local police department or sheriff's office.
2. Do not disturb the device. If you find a hidden camera, leave it in place for law enforcement to collect as evidence.
3. Document everything. Note the date, time, location, and any details about the device.
4. Preserve any evidence. If you received images or know about their distribution, do not delete them; instead provide them to law enforcement.
5. Consult an attorney. While South Dakota's wiretapping statute does not provide a civil remedy, other causes of action such as invasion of privacy or intentional infliction of emotional distress may be available.

Penalties Summary

Offense	Statute	Classification	Maximum Penalty
Hidden camera in private place	SDCL 22-21-1	Class 1 Misdemeanor	1 year jail, $2,000 fine
Drone surveillance of private place	SDCL 22-21-1	Class 1 Misdemeanor	1 year jail, $2,000 fine
Voyeuristic recording (adult)	SDCL 22-21-4	Class 1 Misdemeanor	1 year jail, $2,000 fine
Voyeuristic recording (minor victim)	SDCL 22-21-4	Class 6 Felony	2 years prison, $4,000 fine
Illegal wiretapping (audio)	SDCL 23A-35A-20	Class 5 Felony	5 years prison, $10,000 fine

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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