At a glance
Adult subject — e.g., a spouse
Your own minor child
As a parent you generally have broad authority to monitor your own minor child — especially on a phone, computer, or vehicle you own or provide. The gray area is recording the child's conversations with other people, where wiretap law and the “vicarious consent” doctrine come in and outcomes vary — and if you're co-parenting, custody orders and the other parent's rights matter. Those are marked “seek legal advice.”
General (any subject)
Recording & consent
South Dakota is a one-party consent state. Under S.D. Codified Laws § 23A-35A-20 you may record an in-person, telephone, or electronic conversation if you're a party or one party consents. Recording others' private communications without consent is unlawful.
Public conversations with no reasonable expectation of privacy are different. The federal overlay still applies.
SDCL § 23A-35A-20Recording law enforcement
Recording on-duty police in public is protected by the First Amendment — South Dakota sits in the Eighth Circuit — as long as you don't physically interfere. One-party consent means openly recording a public encounter you're part of raises no wiretap problem.
GPS & vehicle tracking
South Dakota has no statute written only for GPS trackers, but secretly tracking someone can be charged under the stalking law (SDCL § 22-19A-1). Tracking a vehicle you own is generally fine; secretly tracking someone else can be criminal. Treat non-consensual tracking as a lawyer question.
SDCL § 22-19A-1Private-investigator licensing
South Dakota is one of a handful of states with no statewide PI licensing board. There's no state private-investigator license — an investigator needs a sales-tax license and must follow local rules and all the surveillance laws on this page. Some municipalities may impose their own requirements.
Out-of-state investigator reciprocity
Because South Dakota has no statewide PI license, there's nothing to reciprocate — an out-of-state investigator doesn't need a South Dakota professional license to work here, though local rules and every surveillance law on this page still apply.
Hidden cameras in private areas
Secretly using a device to photograph, record, or observe another person in a private place where they reasonably expect privacy is invasion of privacy in South Dakota (SDCL § 22-21-1), and window peeping on another's private property is a separate offense (§ 22-21-3). Hidden cameras in bedrooms, bathrooms, and changing areas are off-limits.
SDCL §§ 22-21-1, 22-21-3Cameras in your own home / nanny cams
You can put cameras in your own home, including nanny cams in common areas. The limits: don't aim a camera at a space a guest, tenant, or worker would reasonably treat as private (a bathroom, or a live-in caregiver's bedroom) — that risks § 22-21-1 — and remember audio follows the one-party recording law. Recording others' private conversations you're not part of can be unlawful.
SDCL §§ 22-21-1, 23A-35A-20Doorbell & outdoor cameras
A doorbell or outdoor camera covering your own porch, yard, or the street is fine — no reasonable expectation of privacy in public view. Trouble starts if you point a camera into a neighbor's window or fenced yard, or capture private conversations you're not part of. Aim at your property, not through someone else's walls.
Workplace & employee recording
South Dakota's one-party consent rule applies at work: someone who is part of a conversation may record it. Secretly recording conversations you're not part of runs into the interception statute. Employers who monitor email or work systems should give clear notice, and federal workplace rules can apply.
SDCL § 23A-35A-20Drone surveillance
South Dakota's invasion-of-privacy statute (SDCL § 22-21-1) expressly covers drones: using a drone to photograph, record, or observe another person in a private place where they reasonably expect privacy is a Class 1 misdemeanor. Using a drone to spy is a crime; general flight and filming from public vantage points remain legal. FAA rules govern the airspace.
SDCL § 22-21-1 · FAA airspace rulesNeed this handled the right way in South Dakota?
A licensed South Dakota investigator knows these lines and how to gather evidence that holds up. A directory to match you with one is on the way.
What to expect →See an error or an out-of-date citation? Please let us know.
General legal information only, not legal advice, and no attorney-client relationship is created by reading it. Statutes and their interpretation change; entries may be incomplete or outdated. We disclaim all warranties and any liability for reliance on this page. Confirm the current law at the official South Dakota Codes and consult a licensed South Dakota attorney before recording, tracking, installing cameras, or gathering evidence.