Is Hidden Cameras & Surveillance Devices Legal in South Dakota? (2026)
Partially — Hidden Cameras & Surveillance Devices are legal with restrictions in South Dakota as of 2026.
Law changed in 2025: In December 2025, the state's weak open records law regarding police body camera footage was a subject of public criticism. The use of automated license plate reader cameras is also a topic of discussion in the state.
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Quick Answer
South Dakota law permits the use of hidden cameras for surveillance in public or semi-public areas but prohibits recording audio without consent under SDCL § 23A-35-15. Secretly recording video in private areas where there is an expectation of privacy is illegal.
What the Law Says
SDCL § 23A-35-15 prohibits the secret recording of oral communications without the consent of at least one party. Other statutes, such as those related to trespassing or invasion of privacy, are used to prosecute secret video recording in private places where there is an expectation of privacy.
— South Dakota Codified Laws
| Category | Details |
|---|---|
| Private Property Rules | Legal to possess hidden cameras; use restricted by location and consent requirements. |
| Audio Recording Rules | No specific restrictions on sale; general consumer product regulations apply. |
| Criminal Penalties | Violations of illegal audio recording can result in misdemeanor charges under SDCL § 23A-35-15. |
| Age Restriction | None |
| Pending Legislation | None known |
In December 2025, the state's weak open records law regarding police body camera footage was a subject of public criticism. The use of automated license plate reader cameras is also a topic of discussion in the state.
Enforcement Reality
South Dakota is a one-party consent state for audio recordings. The state has a law against trespassing with the intent to subject someone to eavesdropping or other surveillance in a private place. This law is used to prosecute hidden camera cases.
A common mistake is recording a conversation without being a party to it and without consent. Another is placing a hidden camera in a private place, which is a misdemeanor.
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
Hidden Cameras & Surveillance Devices are legal with restrictions in South Dakota. This product is permitted, but specific conditions apply. Violating those conditions can result in fines or criminal charges. Read the rules carefully and consult an attorney if unsure.
South Dakota vs. the Rest of the US
Across the US, using hidden cameras is fully legal in 0 states, restricted in 46, and illegal in 4. South Dakota falls in the RESTRICTED category.
View the full 50-state map →Neighboring States
Laws change at state lines. Here is how bordering states compare on Hidden Cameras & Surveillance Devices:
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Frequently Asked Questions
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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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