How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Criminal Law
Satisfied Customers: 20012
Experience:  Knowledgeable in the subject matter.
Type Your Criminal Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

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

Resolved Question:

I suspect my husband is cheating on me. Is it illegal to place a voice recorder in the bedroom? Thank you.
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Attorney & Mediator replied 9 years ago.
What state are you in?

Customer: replied 9 years ago.
Reply to LawNinvest's Post: South Dakota
Expert:  Attorney & Mediator replied 9 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.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.
Attorney & Mediator and other Criminal Law Specialists are ready to help you