Can you record a phone call in South Dakota?
You can record a call you take part in without asking the others. South Dakota's eavesdropping law only punishes outsiders who record without the consent of anyone in the conversation.
- Phone calls
- South Dakota Codified Laws section 23A-35A-20 makes it a felony for someone who is not a sender or receiver of a communication to listen in or record it with an eavesdropping device, without a sender's or receiver's consent. A participant who records is outside the offense. Federal law (18 U.S.C. 2511) also allows it, unless the purpose is a crime or a civil wrong.
- Business calls
- South Dakota sets no notice rule for a participant who records, and it has no general consumer privacy law. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
- What counts as consent
- As a participant, your own consent is enough. South Dakota requires no beep or announcement. For a call you are not part of, a sender or receiver of the communication must consent.
- Penalties
- Class 5 felony: up to 5 years in prison and a fine up to $10,000. South Dakota law gives no separate right to sue, but federal law (18 U.S.C. 2520) allows civil claims.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- The South Dakota Supreme Court confirmed in State v. Braddock (1990) that one participant's consent takes a recording outside the wiretap ban.
- In-person conversations follow the same rule where the speaker expects privacy. Hidden cameras and similar devices in private places are a separate misdemeanor (section 22-21-1).
- Section 23A-35A-20 was last amended in 2017.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
- South Dakota Codified Laws 23A-35A-20 (South Dakota Legislature)statute
- South Dakota Codified Laws 22-6-1, felony penalties (South Dakota Legislature)statute
- 18 U.S.C. 2511, federal Wiretap Act (govinfo)statute
- Reporters Committee for Freedom of the Press: South Dakota recording guideguide
- State data privacy laws overview (RecordingLaw, 2026)guide
Other states
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Questions
Is South Dakota a one-party consent state?
Yes. You can record a call you take part in without asking the others. South Dakota's eavesdropping law only punishes outsiders who record without the consent of anyone in the conversation.
Can a business record calls in South Dakota?
South Dakota sets no notice rule for a participant who records, and it has no general consumer privacy law. If the other person may be in an all-party state such as California or Washington, announce the recording and get consent.
What counts as consent in South Dakota?
As a participant, your own consent is enough. South Dakota requires no beep or announcement. For a call you are not part of, a sender or receiver of the communication must consent.
What happens if you record a call illegally in South Dakota?
Class 5 felony: up to 5 years in prison and a fine up to $10,000. South Dakota law gives no separate right to sue, but federal law (18 U.S.C. 2520) allows civil claims.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
