Yes, two-party consent recording is legal in South Carolina, but only under strict conditions.
South Carolina mandates all-party consent for audio recordings, requiring every participant’s knowledge and approval before interception or disclosure of communications. Violations may trigger civil penalties under S.C. Code § 16-17-470, with potential damages up to $5,000 per offense. Local courts, including the South Carolina Supreme Court in State v. Baccus (2023), have reinforced that surreptitious recording absent consent constitutes a felony under § 16-17-470, aligning with federal wiretap statutes. Compliance shifts in 2026 may expand enforcement via the South Carolina Law Enforcement Division (SLED) cybercrime units, targeting unauthorized recordings in digital and workplace environments.
Key Regulations for Two-Party Consent Recording in South Carolina
- All-Party Consent Requirement: S.C. Code § 16-17-470 prohibits recording oral communications unless all parties are notified and consent. This applies to in-person conversations, phone calls, and electronic communications.
- Implied Consent Exclusion: Consent cannot be inferred from silence or passive presence; explicit acknowledgment (e.g., verbal agreement or clear notice) is mandatory. Courts reject “assumed consent” in State v. Floyd (2024).
- Civil and Criminal Liability: Unauthorized recording may result in felony charges (up to 5 years imprisonment) and civil lawsuits for damages, including punitive awards under § 16-17-470(D). Employers face heightened scrutiny under the 2025 South Carolina Workplace Privacy Act amendments.