South Dakota Street Photography Laws

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Disclaimer: I am not a lawyer, and this blog post is not legal advice. If you have any questions about South Dakota street photography laws, you should consult with an attorney.


In South Dakota, street photography is generally legal. However, there are a few things to keep in mind.

  • Surveillance law: South Dakota law prohibits “peeping Toms.” This means that it is illegal to secretly observe the activities of another person in a place where they have a reasonable expectation of privacy. However, street photography is not considered to be peeping Tom activity, as long as the photographer is not trespassing or trying to hide their presence.
  • Expectation of privacy: The law also recognizes the concept of “expectation of privacy.” This means that people have a right to privacy in certain areas, such as their homes or businesses. If a person has a reasonable expectation of privacy, then it may be illegal to photograph them without their consent. However, there is no expectation of privacy in public places, such as streets, sidewalks, and parks.
  • Photography of minors: South Dakota law prohibits the intentional viewing or production of a photograph of a minor in a state of nudity or engaged in sexual conduct. This law applies even if the photograph is taken in a public place.

Tips for Street Photography in South Dakota:

  • Be respectful of others. If you are photographing people, be sure to ask their permission first.
  • Be aware of your surroundings. Don’t trespass or try to hide your presence.
  • Be mindful of the law. Don’t photograph people in areas where they have a reasonable expectation of privacy.
  • Have fun! Street photography is a great way to capture the beauty of everyday life in South Dakota.

In addition to these general laws, there are a few specific laws that photographers should be aware of in South Dakota. For example, the South Dakota Codified Laws § 22-21-4 prohibits the intentional taking of a photograph of another person’s intimate parts without that person’s consent. This law applies even if the photograph is taken in a public place.

As you can see, there are a few things to keep in mind when doing street photography in South Dakota. However, as long as you are respectful of others and aware of the law, you should be able to enjoy this unique and creative form of photography.

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