CHAPTER 22-21
INVASIONS OF PRIVACY
22-21-1 Eavesdropping--Privacy--Misdemeanor.
22-21-2 22-21-2. Repealed by SL 1976, ch 158, § 21-3
22-21-3 Window peeking on private property of another--Violation as misdemeanor.
22-21-4 Record--Privacy--Manipulated image--Violation.
22-21-5 Service providers not liable.
22-21-1. Eavesdropping--Privacy--Misdemeanor.
No person may, except as authorized by law:
(1) Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or
(2) Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation.
A person who violates this section is guilty of a Class 1 misdemeanor. Subdivision (2) does not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties.
Source: SDC 1939, § 13.1425; SL 1976, ch 158, § 21-1; SL 1977, ch 189, § 49; SL 2017, ch 202, § 5; SL 2020, ch 84, § 1; SL 2021, ch 95, § 1.
22-21-3. Window peeking on private property of another--Violation as misdemeanor.
No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor.
Source: SL 1976, ch 158, § 21-2; SL 1977, ch 189, § 50; SL 1992, ch 163.
22-21-4. Record--Privacy--Manipulated image--Violation.
No person may:
(1) Use any device to photograph or visually record:
(a) Any other person without clothing or under or through the clothing, or with another person depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, that other person;
(b) Without the consent or knowledge of that other person; and
(c) With the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy;
(2) Use, disclose, or disseminate, by any means, any recording or photograph in violation of subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person; or
(3) Knowingly and intentionally disseminate or sell any image or recording of another person:
(a) That has been intentionally manipulated to create a realistic but false image or recording that would cause a reasonable person to mistakenly believe that the image or recording is authentic;
(b) That depicts the person as totally nude; in a state of undress to expose the genitals, pubic area, buttocks, or female breast; or with another person in a sexual act;
(c) Without the consent or knowledge of the person whose image is depicted; and
(d) With the intent to self-gratify, to harass, or embarrass and invade the privacy of the person whose image is depicted.
A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years of age at the time the photograph or recording is made.
Source: SL 2004, ch 151, § 1; SL 2011, ch 116, § 1; SL 2016, ch 123, § 1; SL 2020, ch 87, § 4; SL 2021, ch 96, § 1; SL 2022, ch 63, § 1.
22-21-5. Service providers not liable.
Nothing in § 22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as those terms are defined under federal law.
Source: SL 2016, ch 123, § 2.
