South Dakota Code § 50-15-5

Eavesdropping--Violation of privacy--Misdemeanor
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No person may, except as authorized by law, intentionally use a drone to photograph, record, or otherwise observe another person in a private place where the person has a reasonable expectation of privacy. A person who violates this section is guilty of a Class 1 misdemeanor.
This section does not apply to:
(1) 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;
(2) A drone operator operating a drone for bona fide business or bona fide government purposes who unintentionally or incidentally photographs, records, or otherwise observes another person in a private place; or
(3) A designated emergency management worker operating a drone within the scope of the worker's duties.

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