South Dakota call recording law
Is South Dakota a one-party consent state?
One-party consent
Yes. South Dakota is a one-party consent state. Recording a call is a Class 5 felony only for a person who is not the sender or receiver and records it without the consent of either the sender or the receiver (S.D. Codified Laws § 23A-35A-20).
Last checked October 13, 2026 · 4 quoted facts from official pages
South Dakota at a glance
- Phone calls
- One-party consent
- In-person conversations
- The same rule (see below)
- Criminal penalty
- Unlawful overhearing or recording is a Class 5 felony: up to five years in a state correctional facility, and a fine of up to $10,000 may be added.
- Last checked
- October 13, 2026
The law
Penalties
- Criminal
- Unlawful overhearing or recording is a Class 5 felony: up to five years in a state correctional facility, and a fine of up to $10,000 may be added.
In-person conversations
In-person “oral communications” are covered when the speaker shows an expectation that the conversation is not subject to interception (§ 23A-35A-1).
What this means for a business that records calls
Callers can be in any state. The state-by-state table compares every state's rule, and the disclosure generator writes a plain notice sentence such as “This call may be recorded.” Whether a notice is enough under South Dakota's law is a question for a lawyer licensed in South Dakota.
Recording notices on CallFlux numbers
CallFlux plays a recording notice to callers on every tracking number that records, before the call connects.
What the official sources say
The felony applies to a person who is not a sender or receiver of the communication...
“a person is guilty of a Class 5 felony who is not: (1) A sender or receiver of a communication”
Source: sdlegislature.gov (official source, opens in a new tab) · read October 13, 2026
...and records it without the consent of either the sender or the receiver (one-party consent).
“overhears or records a communication ... without the consent of either a sender or receiver of the communication”
Source: sdlegislature.gov (official source, opens in a new tab) · read October 13, 2026
An in-person 'oral communication' is one made with an expectation it is not being intercepted.
“any oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception”
Source: sdlegislature.gov (official source, opens in a new tab) · read October 13, 2026
Class 5 felony: up to five years, plus a possible $10,000 fine.
“Class 5 felony: five years imprisonment in a state correctional facility. In addition, a fine of ten thousand dollars may be imposed;”
Source: sdlegislature.gov (official source, opens in a new tab) · read October 13, 2026
South Dakota call recording questions
Is South Dakota a one-party consent state?
Yes. South Dakota is a one-party consent state. Recording a call is a Class 5 felony only for a person who is not the sender or receiver and records it without the consent of either the sender or the receiver (S.D. Codified Laws § 23A-35A-20).
What is the penalty for recording a call illegally in South Dakota?
Unlawful overhearing or recording is a Class 5 felony: up to five years in a state correctional facility, and a fine of up to $10,000 may be added.
Does South Dakota use the same rule for in-person conversations?
In-person “oral communications” are covered when the speaker shows an expectation that the conversation is not subject to interception (§ 23A-35A-1).