Criminal Law Questions? Ask a Criminal Lawyer.
S.D. Codified Laws § 23A-35A-20: It is a felony to intercept or record any wire or oral communication unless the person recording is a sender or receiver of the wire communication or has obtained the consent of either the sender or receiver, or unless the person recording is present during the oral communication or has obtained the consent of one party to the oral communication.
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. See definition of "oral communication,"S.D. Codified Laws § 23A-35A-1.