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Is it legal to record a call in South Dakota?

South Dakota is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it.

The statute

without the consent of a party to the conversation or discussion

SDCL 23A-35A-20. Last verified 2026-07-03.source

Penalties under the South Dakota statute

The operative penalty language, quoted from the same archived official source:

Except as provided in § 23A-35A-21, a person is guilty of a Class 5 felony who is not: (1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication

SDCL 23A-35A-20.source

Frequently asked questions

Can I record a phone call I am on in South Dakota?

South Dakota is a one-party consent state for recording conversations. In a one-party consent state, a party to the conversation may record it. See the statute quoted above and confirm at the official source linked below. This is general information, not legal advice.

What penalties does the South Dakota statute provide?

The archived statute text provides: "Except as provided in § 23A-35A-21, a person is guilty of a Class 5 felony who is not: (1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication" See the quoted provision above and the official source for full context. This is general information, not legal advice.

Sources

Important

This page is general information, not legal advice. Recording laws have edge cases that this summary does not cover, including in-person versus phone recording, calls that cross state lines, and law-enforcement exceptions. Laws change. Confirm the current statute at the official source linked below, and consult your own counsel before relying on it.