Can I legally record a phone call or conversation in South Carolina?

South Carolina's Homeland Security Act includes the state's wiretap framework, mirroring federal law.

1. Consent Rule

S.C. Code Ann. § 17-30-20 prohibits intentional interception of wire, oral, or electronic communications. § 17-30-30(C) exempts a person who is a party to the communication or has the consent of one party — establishing one-party consent.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 mirrors South Carolina's one-party standard.

3. In-Person vs Electronic

"Oral communication" under § 17-30-15(2) requires a reasonable expectation that the communication is not subject to interception. Wire and electronic communications protected regardless.

4. Cross-Border Calls

When the other party is in an all-party state (FL, CA, IL, MA, MD, PA, WA), the stricter state's law may apply. South Carolinians should disclose recording when calling those states.

5. Criminal Penalties

Violation of § 17-30-50 is a felony — up to 5 years prison and a fine up to $5,000. Disclosure or use of illegally intercepted material is also a felony.

6. Civil Liability

S.C. Code Ann. § 17-30-135 provides civil action for actual damages plus $100/day or $1,000 whichever is greater, punitive damages, reasonable attorney fees, and litigation costs. Federal § 2520 provides parallel relief.

7. Exceptions

Party consent or one-party consent; law enforcement under court order under § 17-30-70; service provider monitoring; FCC-authorized interception; recording not for criminal or tortious purpose; emergency response.

8. Video / Surveillance

S.C. Code Ann. § 16-17-470 (eavesdropping/peeping) and § 16-17-470(B) (criminal voyeurism) — misdemeanors to felonies for covert video recording of intimate areas without consent.

This is legal information, not legal advice.