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South Dakota statute

SDCL § 23A-35A-20 — Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 35A: Interception Of Wire, Electronic, Or Oral Communications, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 23A-35A-20

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 23A-35A-20Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Except as provided in § 23A-35A-21, a person is guilty of a Class 5 felony who is not: (1) A sender or receiver of a communication who intentionally and by means of an eavesdropping device overhears or records a communication, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of either a sender or receiver of the communication; (2) A person present during a conversation or discussion who intentionally and by means of an eavesdropping device overhears or records the conversation or discussion, or aids, authorizes, employs, procures, or permits another to overhear or record, without the consent of a party to the conversation or discussion; or (3) A member of a jury who intentionally records or listens to by means of an eavesdropping device the deliberations of the jury or aids, authorizes, employs, procures, or permits another to record or listen.

Official sources

Legal terms used in this section

Questions this section answers

Is overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony a felony or a misdemeanor in South Dakota?

Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony is a Class 5 Felony in South Dakota under SDCL § 23A-35A-20.

Which South Dakota statute covers overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony?

Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony is governed by SDCL § 23A-35A-20 (Overhearing or recording communications, conversations, or jury deliberations by means of eavesdropping device as felony).

This reference is informational and is not legal advice.