In South Dakota, 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. It is a felony otherwise. S.D. Codified Laws § 23A-35A-20. This crime is punishable by five years in prison and the possibility of a $10,000 fine. S.D. Codified Laws § 22-6-1.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. S.D. Codified Laws § 23A-35A-1.

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.