State recording law reference
South Dakota call recording laws
A sender or receiver may record a communication. A nonparticipant needs the consent of either the sender or receiver to record with an eavesdropping device.
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South Dakota: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
One-party consent, subject to the statute
Who must agree
Wire communication includes transmission by wire, cable, radio, or another connection. The rule for communications uses the consent of either the sender or receiver.
Exceptions and penalties
- Exceptions and limits
- Section 23A-35A-21 exempts court-ordered wiretapping and eavesdropping, normal carrier and switchboard functions, and specified assistance to authorized investigators.
- Penalties and remedies
- Recording covered communications without the required participant status or consent is a Class 5 felony under §23A-35A-20.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between South Dakota and another state
For an interstate call involving South Dakota, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
South Dakota sources and review notes
Reviewed the official South Dakota Legislature text for §§ 23A-35A-1, -20, and -21. The official site lists September 3, 2026 as the effective date of the latest statutes.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in South Dakota?
A sender or receiver may record a communication. A nonparticipant needs the consent of either the sender or receiver to record with an eavesdropping device.
What is the safest recording consent practice in South Dakota?
One participant's consent generally meets the consent rule for a covered call. Wire communication includes transmission by wire, cable, radio, or another connection. The rule for communications uses the consent of either the sender or receiver.
Which statute covers call recording in South Dakota?
Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony, S.D. Codified Laws §§ 23A-35A-1, 23A-35A-20, 23A-35A-21.
What if a South Dakota call crosses state lines?
For an interstate call involving South Dakota, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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