Peeping Tom laws—also known as voyeurism laws or invasion of privacy laws—generally make it illegal and a criminal offense to peek into windows or doors on private property to view a person who is fully or partially naked for the purpose of sexual desire or gratification.
Peeping Tom laws vary from state to state and some states require that the victim not realize he or she was being viewed and that the victim had a reasonable expectation of privacy (was in a place where it was reasonable to expect privacy). And some states specifically address the use of unmanned aircraft (drones), cameras, video cameras, and binoculars in connection with such peeping. Some state statutes specifically prohibit peeking into bathrooms, dressing rooms, showers, and baths. And some states characterize this criminal offense as trespassing with the intent to peer or peep.
Peeping Tom laws are located in a state’s statutes—often in the penal or criminal code.
In South Dakota, Peeping Tom laws are addressed under the state's invasion of privacy statutes. South Dakota Codified Laws (SDCL) make it illegal to invade the privacy of others, particularly in situations where individuals have a reasonable expectation of privacy. This includes observing or filming another person without their consent in places where they are likely to be nude or partially nude, such as in bathrooms, bedrooms, or dressing rooms. The use of devices like cameras, binoculars, or other means to enhance the ability to view or record a person in such private spaces can also be considered a violation of these laws. Additionally, South Dakota law may categorize such actions as trespassing if the individual enters onto another's property with the intent to engage in peeping activities. The state's approach to voyeurism reflects a balance between the right to privacy and the prohibition of illicit surveillance for sexual gratification. It is important to consult with an attorney for specific legal advice and to understand the current and comprehensive state statutes regarding invasion of privacy and related offenses in South Dakota.