Indiana recording law stipulates that it is a one-party consent state. In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110. Indiana does not appear to have a provision for the recording of oral conversations without consent.
You may not intercept or record oral, wire, or electronic conversations that you are not a part of without the consent of at least one party.
The state’s wiretapping law does not have specific provisions for recording of oral conversations, however Indiana is considered a one party consent state so you may proceed with recording if you have the consent of one or more parties involved.
Indiana does have a surveillance statute that is separate from it’s wiretapping laws that makes it a misdemeanor to record ‘images or data of any kind’ with an electronic device while alone on private property without the other person’s consent. While this law Ind. Code Ann. § 35-46-8.5-1 is in place to prevent unlawful photography and surveillance it is unclear whether ‘data of any kind’ could refer to an audio recording device.
How to Gain Consent
If you are a third-party and require consent from the parties taking part in the conversation, the Federal Communications Commission (FCC) states that you may gain consent to make a recording by:
Getting verbal or written consent prior to the recording being made.
A verbal notification being played before the conversation begins. (For example: “This phone call is being recorded for quality control purposes…”).
An audible beep tone being repeated at steady intervals during the duration of the conversation.
Indiana Video Recording Laws
In Indiana, intentionally or knowingly installing an electronic surveillance equipment (e.g., cameras) that records images or data without the need for human control on a person’s private property, without the consent of the owner or tenant of that property is prohibited. For example, you are not allowed to install a security camera anywhere on your neighbor’s property without the consent of your neighbor. Ind. Code Ann. § 35-46-8.5-1(b)
If you are recording someone’s likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.
Telephone and Other Electronic Communications
Ind. Code Ann. § 35-31.5-2-176 & § 35-33.5-5-3
Indiana defines interception as the:
“intentional recording or acquisition of the contents of an electronic communication by a person other than a sender or receiver of that communication, without the consent of the sender or receiver, by means of any instrument, device, or equipment under this article. This term includes the intentional recording or acquisition of communication through the use of a computer or a fax (facsimile transmission) machine.
Indiana allows for the recording of radio signals that are not scrambled, encrypted, transmitted over a common carrier, transmitted under protected frequencies, or transmitted with the intention of preserving privacy.
In short, you are allowed to record public transmissions, but not allowed to record electronic transmissions if an attempt at privacy has been made.
Hidden Cameras in Indiana
Ind. Code Ann. § 35-46-8.5-1: It is a misdemeanor to place a camera or device while unattended that records images or data while unattended on the private property of another person without the consent of the person who owns the property.
Ind. Code Ann. § 35-45-4-5(c) & 35-45-4-5(d): In Indiana, it is a felony to secretly record in an area where the subject would have an expectation of privacy, this includes areas such as bathrooms, dressing rooms, or bedrooms. Additionally, it is unlawful to record images of a persons privates without consent.
Ind. Code Ann. § 35-45-4-5(g): Indiana’s voyeurism law specifically mentions using an unmanned aerial vehicle (drone) to enter the space above or surrounding another person’s home for the purpose of capturing images, photos, video, or audio recordings of the person within their home. The law does have a caveat allowing for drone use from an area that is open to the general public.
Disclosing Recordings – Is it a crime to share someone else’s image?
Ind. Code Ann. § 35-45-4-5 sections E and H: As part of the states voyeurism law it can increase the crime from a misdemeanor to a level 6 felony offense to share (publish, transmit, post) illegal images of someone else’s privates without their consent.
Note: If a journalist receives an illegally recorded conversation AND was not involved in the activity AND the matter is an issue of public concern AND the information is truthful, then the first amendment likely protects the publication of that content.
Examples of Legal Recordings of Confidential Communication in Indiana
Hitting record on your phone prior to going into a meeting with your boss.
Recording a telephone conversation without informing the other party.
Using a recording device to record a meeting at a restaurant.
Recording a public demonstration or speech.
Examples of Illegal Recordings in Indian
In Indiana, it is against the law to make a recording of a conversation that you are not taking a part in. Some examples of this would be:
Leaving a recording device in a room after you leave to record a conversation you are not part of.
Aiming a surveillance camera into an area of a neighbour’s home where there is an expectation of privacy such as an interior window or bedroom.
Penalties:
Ind. Code Ann. § 35-33.5-5-5(b): Purposefully intercepting wire and electronic communications is a serious infraction against Indiana’s wiretap laws and is considered a felony offense. Subject to a fine of $10,000 and a maximum eight years of imprisonment.
Ind. Code Ann. § 35-46-8.5-1(b): Violating Indiana’s video recording laws is considered a Class A misdemeanor which carries an imprisonment not exceeding 1 year and a fine not exceeding $5000.
Indiana Recording Law FAQs
Is Indiana a One-Party Consent State?
Yes! Indiana is a one-party consent state.
Can I Record a Police Officer in Indiana?
Yes! You can record police officers in the line of duty in all states as long as you are not trespassing or breaking any laws yourself.
If the recording is being made in a one-party consent state, then it is legal to record a conversation that you are taking part in. However, it is still best practice to inform all participants that they are being recorded.
Can I Record in Public in Indiana?
You can record in public if you are taking part in the conversation taking place on the recording. You may also record in areas where there is no reasonable expectation of privacy. This means that it is legal to film in parks or public squares, however, you may run into issues if you are recording on private property such as malls.
Can I Record a Telephone Conversation in Indiana?
You may only record a telephone call if you are a party to the conversation. If you are not taking part in the conversation, you need to gain the consent of at least one party. This can be done by playing a recording stating that the call will be recorded prior to the conversation beginning or by gaining verbal or written consent from the other parties.
According to Ala. Code § 13A-11-30 you are not allowed to video record people in “A place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but such term does not include a place to which the public or a substantial group of the public has access”.
Alaska's highest court has specifically held that the eavesdropping statute is only in place to address 3rd party interceptions. They do have specific protections in place for nude photo and film.
Alaska Stat. Ann. § 42.20.330, § 42.20.310,§ 11.61.123
Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park. One major caveat is that the owner of the telephone line may record phone calls without taking part of them (such as a business owner).
Ark. Code Ann. § 5-60-120 Consent is required to record conversations in which there is a legal expectation of privacy, though consent is not required in places where there is no reasonable expectation of privacy such as a street or park.
In Colorado it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.
In D.C. it is a criminal offense to use any device to record communications whether it’s wire, oral or electronic without the consent of at least one person taking part in the communication. Albeit there is a caveat in that recording is allowed to take place if there is no reasonable expectation of privacy such as a public place such as a street or park.
In Georgia it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Georgia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ga. Code Ann. § 16-11-66(a). Georgia does have a caveat which allows for parents to legally intercept the communications of their children.
Ga. Code Ann. § 16-11-66, Ga. Code Ann. § 16-11-62
Hawaii recording law stipulates that it is a one-party consent state. In Hawaii, it is a criminal offense to use any device to record or disclose communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Hawaii, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Haw. Rev. Stat. § 803-42.
Idaho recording law stipulates that it is a one-party consent state. In Idaho, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Idaho, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Idaho Code Ann. § 18-6702.
Idaho Code Ann. § 18-6702.
Federal
Federal law dictates that when no other law applies that it is a one party consent region. State laws will supercede this, so make sure to check your local state laws.
Electronic Communications Privacy Act of 1986 (ECPA) & 18 U.S. Code § 2511
One-Party Consent States (Continued) – Indiana – Mississippi
In Indiana, it is a criminal offense to use any device to intercept communications, whether wire or electronic, without the consent of at least one person taking part in the communication. Ind. Code Ann. § 35-31.5-2-176. This applies to text messages and e-mails as well. Ind. Code Ann. § 35-31.5-2-110.
Ind. Code Ann. § 35-31.5-2-110, Ind. Code Ann. § 35-31.5-2-176.
In Iowa, it is a criminal offense to use any device to record communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, as long as the recording is made without any criminal intent. Iowa Code Ann. § 808B.2. This means that in Iowa, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Iowa Code Ann. § 727.8.
In Kansas, it is a criminal offense to use any device to record, listen to or amplify communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kansas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Kan. Stat. Ann. § 21-6101(4). This state also has a hidden camera law which forbids the recording and disclosure of intercepted images. Kan. Stat. Ann. § 21-6101(6).
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Kentucky, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Ky. Rev. Stat. Ann. § 526.020. This state’s voyeurism laws also forbids the recording or disclosure of illegally obtained images. Ky. Rev. Stat. Ann. § 531.090.
Ky. Rev. Stat. Ann. § 526.020 ,Ky. Rev. Stat. Ann. § 526.010. , Ky. Rev. Stat. Ann. § 531.090
It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Louisiana, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. La. Rev. Stat. Ann. § 15:1303. This state also forbids the recording or sharing obtained illegally under its video voyeurism laws. La. Rev. Stat. Ann. § 14:283.
La. Rev. Stat. Ann. § 15:1303. - Electric Surveillance Act, La. Rev. Stat. Ann. § 14:283.
It is a criminal offense to use any device to record, obtain, use or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication, unless the conversation is audible by normal, unaided hearing. This means that in Maine, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Me. Rev. Stat. Ann. tit. 15, § 710.
This state’s privacy laws also forbid the recording or sharing of images obtained illegally. Me. Rev. Stat. Ann. tit. 17-A, §511.
Me. Rev. Stat. Ann. tit. 15, § 710 , Me. Rev. Stat. Ann. tit. 17-A, §511
It is a criminal offense to use any device to record, obtain, use or share communications, whether they're wire, oral or electronic, without the consent of all contributing parties. This means that in Michigan you are not legally allowed to record a conversation you are taking part in unless all parties are in agreement. Mich. Comp. Laws § 750.539c . *The Michigan Court of appeals has precedent interpreting the wiretapping statue as only applying to a third party interception of a conversation. In Michigan if you are taking part in a conversation, you are allowed to record the conversation. This is due to an interpretation of the word eavesdrop by the Michigan Court of Appeals, so while the law is written as an 'All Party Consent' law, the interpretation of it in Michigan is that the term 'eavesdrop' only applies to outside third parties listening in.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Minnesota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intent. Minn. Stat. § 626A.02.
This state’s hidden camera laws also forbid the recording or sharing of illegally obtained images. Minn. Stat. § 609.746. Minn. Stat. § 626A.02 , Minn. Stat. § 609.746.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Mississippi, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Miss. Code Ann. § 41-29-531(e).
This state’s hidden camera law forbids the recording or sharing of illegally obtained images. Miss. Code Ann. § 97-29-63.
Miss. Code Ann. § 41-29-531, Miss. Code Ann. § 97-29-63
One-Party Consent States (Continued) – Missouri – Oklahoma
It is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party. t is a criminal offense to use any device to record or share communications, whether they’re wire or oral, without the consent of at least one contributing party. This means that in Missouri you are not legally allowed to record a wire or oral conversation you are taking part in unless you have the consent of at least one party.
This state does stipulate that electronic communications can be lawfully recorded or shared with the consent of at least one party, barring any criminal intentions. This applies to conversations where all contributing parties are using a cell phone, including text messages sent between cell phones. However, a Missouri appellate court determined that a conversation taking place where one party is using a cell phone and the other is using a regular wire phone is indeed protected under the wiretap law. Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
Mo. Ann. Stat. § 542.402(2)(3), Lee v. Lee, 967 S.W.2d 82 (Mo. Ct. App. 1998).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Nebraska, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Neb. Rev. Stat. § 86-290 (2011).
It is a criminal offense to use any device to record, obtain, share or use oral conversations without the consent of at least one person taking part in the communication. However, the recording or sharing of wire conversations require the consent of all involved parties. This means that in Nevada, you are legally allowed to record an oral conversation if you are a contributor, or with prior consent from one of the involved parties, but you need the consent of everyone involved to record wire communications. Wired communication refers to the transmission of data, so even if it's a wireless device such as a cellphone it is still considered to be wired communication. Examples of wired communications are cell phones, land lines, zoom calls, and VOIP.
Nev. Rev. Stat. §§ 200.620, 200.650 (2011), Lane V. Allstate
It is a criminal offense to use any device to record or share communications, whether they are oral or electronic, without the consent of at least one person taking part in the communication. This means that in New Jersey, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. N.J. Stat. Ann. § 2A:156A-4 (West 2012).
N.J. Stat. Ann. § 2A:156A-4 (West 2012), N.J. Stat. Ann. § 2A:156A-2
It is a criminal offense to use any device to record, obtain, share or use wire communications without the consent of at least one person taking part in the conversation. This means that in New Mexico, you are legally allowed to record a wire conversation if you are a contributor, or with prior consent from one of the involved parties. This state does not require consent to record oral communication. N.M. Stat. Ann. § 30-12-1 (West 2012). New Mexico law states that journalists do not require consent to record electronic communications. This applies to conversations where all contributing parties are using a cell phone or other wireless devices, including text messages sent between cell phones. N.M. Stat. Ann. § 30-12-1.
It is a criminal offense to use any device to record, obtain, share or use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in New York, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. N.Y. Penal Law §§ 250.00, 250.05 (McKinney 2012).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Carolina, you are legally allowed to record a conversation with prior consent from one of the involved parties. N.C. Gen. Stat. Ann. § 15A-287 (West 2012).
A North Carolina appellate court determined that implied consent to a recording is established once a party is told they are being recorded and remains a part of the conversation regardless. North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
N.C. Gen. Stat. Ann. § 15A-287, North Carolina v. Price, 611 S.E.2d 891 (N.C. Ct. App. 2005).
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in North Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. N.D. Cent. Code § 12.1-15-02 (2011).
However, while the consent of one party is required to record a telephone conversation, this only applies to conversations that take place entirely or partially through “wire, cable, or other like connection between the point of origin and the point of reception”. Therefore, conversations where all parties are using a cell phone, as well as messages exchanged between cell phones, can be lawfully intercepted. N.D. Cent. Code § 12.1-15-04.
It is a criminal offense to use any device to record or share communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Ohio, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Ohio Rev. Code Ann. § 2933.52 (West 2012).
Ohio Rev. Code Ann. § 2933.52 (West 2012), Ohio Rev. Code Ann. § 2933.51.
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4 (West 2012).
Okla. Stat. Ann. tit. 13, § 176.4 (West 2012), Okla. Stat. Ann. tit. 13, § 176.4 , Okla. Stat. Ann. tit. 21, § 1202.
One-Party Consent States Continued – Rhode Island – Wyoming
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Rhode Island, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to share the details of a conversation that has become widely circulated or available to the public. R.I. Gen. Laws § 11-35-21 (2012).
R.I. Gen. Laws § 11-35-21 (2012), R.I. Gen. Laws § 12-5.1-1
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Carolina, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. S.C. Code Ann. § 17-30-30 (2011).
S.C. Code Ann. § 17-30-30 (2011), S.C. Code Ann. § 17-30-15
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in South Dakota, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. S.D. Codified Laws § 23A-35A-20 (2012).
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Tennessee, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tenn. Code Ann. § 39-13-601 (West 2012).
Tenn. Code Ann. § 39-13-601 & Tenn. Code Ann. § 39-13-604 & Tenn. Code Ann. § 40-6-303 (West 2012)
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Texas, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications that are easily available to the public. Tex. Penal Code Ann. § 16.02 (Vernon 2011).
Tex. Penal Code Ann. § 16.02 (Vernon 2011) & Tex. Code Crim. Proc. Ann. art. 18.20
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Utah, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. It is also lawful to record electronic communications easily available to the public.
Utah Code Ann. § 77-23a-3 & Utah Code Ann. § 77-23a-4
Vermont law does not contain any provisions regarding the legality of recording or sharing any kind of audio-based conversations. This means that Vermont is considered a one-party consent state. However, the state Supreme Court has determined that it is a criminal offense to covertly and electronically monitor communications occurring in an person’s home. Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002). A state high court upheld that an individual should not be under the expectation of privacy in a hospital’s emergency treatment section as any number of different people are frequently coming and going. Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005). It is also considered lawful to record a conversation taking place in a parking lot for the same reason. Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
Vermont v. Geraw, 795 A.2d 1219 (Vt. 2002) & Vermont v. Rheaume, 889 A.2d 711 (Vt. 2005) & Vermont v. Brooks, 601 A.2d 963 (Vt. 1991).
In Virginia, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties. Va. Code Ann. § 19.2-62 (West 2012).
Va. Code Ann. § 19.2-61 & Va. Code Ann. § 19.2-62 (West 2012).
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in West Virginia, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. W. Va. Code § 62-1D-3 (2012).
In Wisconsin, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wisconsin, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wis. Stat. Ann. § 968.31 (West 2011). Evidence that is obtained by recording communication is 'totally' inadmissable in civil court cases. Regardless of who took the recording, the only way a recording can be admissable in a civil case is with the consent of the person recorded.
Wis. Stat. Ann. § 968.27 (West 2011) & Wis. Stat. Ann. § 968.31 (West 2011) & Wis. Stat. Ann. § 885.365(1
It is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Wyoming, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Wyo. Stat. Ann. § 7-3-702 (2012).
Wyo. Stat. Ann. § 7-3-702
If you’re interested in privacy, check out our blog post on using VPNs, one of the best ways to protect your privacy online.
