Privacy · Recording Consent
Is It Legal to Record a Call in South Carolina?
Whether you can record a conversation in South Carolina, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in South Carolina
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| One party’s consent is enough | It is lawful for a person who is not acting under color of law to intercept a communication where that person is a party or where one of the parties has given prior consent. Your own consent counts, so you can record a conversation you are part of. |
| Phone, in-person, and electronic are all covered | The chapter reaches wire (phone), oral (in-person), and electronic communications such as email, text, and messaging. For in-person audio the speaker must have had a justified expectation that the words were not being intercepted. |
| A public conversation may not qualify | Section 17-30-15(2) defines an "oral communication" as speech uttered with an expectation of privacy that the circumstances justify, and it excludes any public oral communication uttered at a public meeting. Phone and electronic communications are protected without that gloss. |
| The rule lives in the Homeland Security Act | These recording rules sit in Title 17, Chapter 30, the state’s Homeland Security Act, not in the general criminal code. That is why a search of the criminal code for "wiretap" often turns up nothing. |
| When it is different | What it means |
|---|---|
| Being a party or having prior consent | A participant, or anyone with one party’s prior consent, may lawfully record under §17-30-30(C). This is the everyday exception that makes South Carolina a one-party state. |
| Court-ordered law enforcement interception | Interception carried out under a valid court order, or by an officer acting under color of law with one party’s consent, is authorized separately. Good-faith reliance on a court order is a complete defense. |
| Providers in the ordinary course of business | Communications-service providers acting in the normal course of their business fall outside the ban. There is no broad business-extension-phone or general publicly-audible exception beyond the definitional carve-outs. |
What you can do right now
Concrete, neutral steps before you record a conversation in South Carolina. This is legal information, not legal advice.
- Confirm you are actually a party
If you are part of the call or conversation, your own consent satisfies §17-30-30(C). You do not need to tell the other person in a purely in-state South Carolina call.
- Never leave a recorder running in an empty room
A device left recording where you are not present has no consenting party. That is the classic felony fact pattern, and it also opens you to the $500-a-day civil exposure.
- Get consent on any cross-state call
If the other participant is in an all-party state, satisfy the strictest rule that touches the call. Asking everyone first removes the risk.
- Talk to a South Carolina attorney if you are accused
A §17-30-20 charge is a felony and the civil damages can reach $25,000 or more. A licensed South Carolina attorney can assess your facts, and the state bar can refer you to one.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ South Carolina Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in South Carolina
South Carolina is a one-party consent state, so if you are part of a call or conversation you may record it without telling anyone else. The rule comes from S.C. Code Ann. §17-30-30(C), which makes interception lawful when the person doing it is a party or has one party’s prior consent. What surprises people is where the rule lives. Recording is governed by Title 17, Chapter 30, the state’s Homeland Security Act, rather than the ordinary criminal code, which is why searching for a "South Carolina wiretap law" in the criminal code comes up empty. The bigger trap is the money. While the criminal rule is permissive, the civil exposure for getting it wrong is enormous. Section 17-30-135 lets a victim recover not less than $500 a day for each day of violation or $25,000, whichever is greater, five times the federal template and among the steepest civil figures anywhere. For in-person audio the statute only protects speech where the speaker reasonably expected privacy, so a public exchange may fall outside it, while phone and electronic communications are protected without that showing. The safe posture is simple. Record your own conversations freely, never leave a recorder running where you are not present, and get consent whenever a call crosses into a stricter state.
Common questions
Can I record my own phone call in South Carolina without telling the other person?
Yes. South Carolina is a one-party consent state under §17-30-30(C), so your own consent as a participant is enough. You do not have to notify the other party on a purely in-state call.
Can I leave a recorder running in a room while I am not there?
No. If you are not present there is no consenting party, which is the classic felony fact pattern under Chapter 17-30 and also triggers the state’s heavy civil damages.
How much can someone sue me for if I recorded them illegally?
A lot. Section 17-30-135 sets damages at not less than $500 a day for each day of violation or $25,000, whichever is greater, plus punitive damages and attorney fees.
I am recording a call with someone in California or Washington. Whose law applies?
Both can apply. South Carolina’s one-party rule protects you here, but an all-party state can still reach you. The safe move is to get everyone’s consent or announce the recording.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.