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I suspect my husband is cheating on me. Is it illegal ...

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I suspect my husband is cheating on me. Is it illegal to place a voice recorder in the bedroom? Thank you.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 8 years ago.
What state are you in?

Customer: replied 8 years ago.
Reply to LawNinvest's Post: South Dakota
Expert:  Attorney & Mediator replied 8 years ago.
Thank you for your reply.

In South Dakota you cannot record any communications unless you are a party to that communication, otherwise you cannot record without the consent of the parties. The bedroom is considered a place where there is a reasonable expectation of privacy, so consent by the parties will be required. Failure to get their considered is considered eavesdropping which in SD is a felony.

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.

Entire criminal statute can be accessed here.

Bottomline: The answer is you cannot record in a private area such as the bedroom without your husband's consent.

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