Yes, South Dakota permits two-party consent recording under SDCL § 23A-35A-2, requiring all parties’ knowledge before intercepting oral communications. Violations risk felony charges, fines up to $2,000, and civil liability under SDCL § 23A-35A-3. The South Dakota Attorney General’s 2024 advisory clarifies that electronic interception (e.g., Zoom calls) triggers the same penalties as wiretapping.
Key Regulations for Two-Party Consent Recording in South Dakota
- All-party consent required: SDCL § 23A-35A-2 mandates consent from every participant in a conversation before recording. Hidden or surreptitious recording constitutes a felony under SDCL § 23A-35A-1.
- Electronic communications included: The statute extends to digital platforms (e.g., VoIP, video calls) per State v. Diemer, 2021 SD 34. Courts have applied the law to cloud-based recordings.
- Exceptions limited: Consent is waived only for law enforcement under warrant (SDCL § 23A-35A-4) or emergency situations per SDCL § 23A-35A-5. Private citizens lack analogous protections.