Is Recording Conversations Legal in South Dakota? (2026)
Yes — Recording Conversations is legal in South Dakota as of 2026.
Law changed in 2026: In March 2026, a new law was signed making it a felony to create, possess, or share deepfakes. This does not directly change the recording laws, but reflects a growing concern about manipulated media.
Quick Answer
South Dakota is a one-party consent state under SDCL § 23A-35-15. Recording a conversation is legal if at least one party consents to the recording. Secretly recording without any party's consent is illegal.
What the Law Says
South Dakota is a one-party consent state. It is a Class 1 misdemeanor to record a conversation to which you are not a party.
— South Dakota Codified Laws § 23A-35-15
| Category | Details |
|---|---|
| Consent Requirements | Possession of recordings made with one-party consent is legal. |
| Exceptions | No specific restrictions on sale, but recordings must be legally obtained. |
| Criminal/Civil Penalties | Violations can be charged as a Class 1 misdemeanor under SDCL § 23A-35-15. |
| Pending Legislation | None known |
In March 2026, a new law was signed making it a felony to create, possess, or share deepfakes. This does not directly change the recording laws, but reflects a growing concern about manipulated media.
Enforcement Reality
South Dakota is a one-party consent state, meaning you can record a conversation if you are a party to it. It is a felony to record a conversation you are not a part of.
A common mistake is recording a conversation to which you are not a party. While one-party consent is the rule, secretly recording others without being part of the conversation is illegal.
Local Exceptions
None identified. State law applies uniformly across South Dakota. Local ordinances may still vary — check with your city or county government for any additional rules.
Bottom Line
Recording Conversations is legal in South Dakota. You can recording conversations without violating state law, though federal rules and local ordinances may still apply. Always verify current law before acting.
South Dakota vs. the Rest of the US
Across the US, recording conversations is fully legal in 31 states, restricted in 19, and illegal in 0. South Dakota falls in the LEGAL category.
View the full 50-state map →Reviewed by cross-referencing the cited state statute against current legislative databases and regulatory publications.
Sources & Verification
This page was reviewed by Ethan Harper by comparing the legal status against the cited state statute. AllowedHere is an informational resource and does not provide legal advice. Consult a licensed attorney for guidance specific to your situation.
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