|CITATION||S.D. Codified Laws § 23A-35A-20|
One can record an oral or wire communication without obtaining consent of all the parties if he is present to the communication. Additionally, a third party can record an oral or wire communication if one party consents.
Generally, the consent of one participant in any communication to the recording removes it from the type of interception prohibited under the South Dakota wiretapping statute. South Dakota v. Braddock, 452 N.W.2d 785 (S.D. 1990); Midwest Motor Sports, Inc. v. Arctic Cat Sales, Inc., 144 F.Supp.2d 1147 (D.S.D. 2001).
|CONSENT REQUIRED||1 party to communication.|
|PENALTIES||It is a felony to record oral or wire communications without obtaining consent required by the statute. S.D. Codified Laws § 23A-35A-20. This crime is punishable by up to five years in prison and the possibility of a $10,000 fine. S.D. Codified Laws § 22-6-1.|