22-21-1 Trespassing to eavesdrop--Installation or use of unauthorized eavesdropping device--Drones...
Trespassing to eavesdrop--Installation or use of unauthorized eavesdropping device--Drones.
Any person who, except as authorized by law:
Trespasses on property with intent to subject anyone to eavesdropping or other
surveillance in a private place;
Installs 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;
Intentionally uses a drone to photograph, record, or otherwise observe another person in
a private place where the person has a reasonable expectation of privacy; or
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Lands a drone on the lands or waters of another resident provided the resident owns the
land beneath the water body in its entirety without the owner's consent, except in the case
of forced landing and the owner or lessee of the drone will be liable for any damage
resulting from a forced landing;
is guilty of a Class 1 misdemeanor. Subdivisions (2) and (3) do 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. These restrictions do not apply to a drone operator
operating a drone for commercial or agricultural purposes pursuant to or in compliance with federal
aviation administration regulations, authorizations, and exemptions nor do they apply to an
emergency management worker operating a drone within the scope of the worker's duties.
Source: SDC 1939, § 13.1425; SL 1976, ch 158, § 21-1; SL 1977, ch 189, § 49; SL 2017, ch 202,
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