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.