Indiana Recording Laws

Indiana Recording Law Summary:

Last Updated: January 2025 | Verified against current Indiana Code

Quick Answer

Indiana is a one-party consent state. You can legally record phone calls and conversations as long as you’re a party to the conversation or have consent from at least one participant. Indiana’s wiretapping law covers wire communications and provides an exception for party consent.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	IC 35-33.5-5
Maximum Fine	$10,000
Maximum Prison Time	6 years (Level 5 felony)

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Understanding Indiana’s Recording Laws

The Legal Foundation

Indiana’s wiretapping laws are found in Title 35, Article 33.5, Chapter 5 of the Indiana Code. The key statutes are:

• IC 35-33.5-5-5 – Unlawful interception of communications
• IC 35-33.5-5-2 – Definitions related to wire and oral communications

Under these statutes, it’s unlawful to intentionally intercept or attempt to intercept wire communications. However, the law provides an important exception: recording is legal when done by a party to the communication or with consent from at least one party.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Indiana, only one person in the conversation needs to know about and consent to the recording. That person can be you. You don’t need to announce “this call is being recorded” or get anyone else’s permission.

In contrast, two-party (or all-party) consent states like neighboring Illinois require everyone in the conversation to agree to be recorded.

Important Note About Illinois

If you’re in Indiana and calling someone in Illinois, be aware that Illinois requires all-party consent for most recordings. The stricter law typically applies to interstate communications, so you may need all parties’ consent if someone on the call is in Illinois.

Recording Phone Calls in Indiana

Can You Record Phone Calls in Indiana?

Yes. Under IC 35-33.5-5, you can record any phone call you’re participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you’re in Indiana calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you’re recording calls with people in other states (especially neighboring Illinois), either inform them or get all-party consent to be safe.

Business Call Recording

Indiana businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

1. Verbal consent before the call begins
2. A recorded announcement (“This call may be recorded…”)
3. A periodic beep tone during the call

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Indiana when:

• You’re participating in the conversation
• You’re in a public place where there’s no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It’s illegal to record conversations when:

• You’re not a party to the conversation and don’t have consent
• You’re trespassing on private property to make the recording
• You’re recording with criminal intent

What About Recording in Your Own Home?

You can record conversations in your own home if you’re participating. However, you cannot:

• Plant a hidden device and leave to record others
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Indiana Video Recording Laws

Public Spaces

Indiana has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property

On private property, the property owner sets the rules. Indiana also has voyeurism laws under IC 35-45-4-5 (voyeurism) that prohibit:

• Recording intimate images without consent
• Peeping into areas where someone has a reasonable expectation of privacy
• Distributing intimate images without consent

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.

Recording in the Workplace

Can Your Employer Record You?

Indiana employers can generally record in common work areas where employees don’t have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work – as long as you’re part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Indiana?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Indiana, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Don’t interfere with police operations
• Don’t trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Don’t obstruct the officer’s duties

Recording Government Meetings

Indiana’s Open Door Law (IC 5-14-1.5) requires public meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City and town council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

Specific Situations

Can I Record My Landlord in Indiana?

Yes, if you’re part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Indiana?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Can I Record DCS Workers?

Yes. Department of Child Services (DCS) workers are government employees, and you can record your interactions with them as long as you’re participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you’re part of. This is common in custody disputes. However:

• Don’t record your children’s private conversations without being present
• Don’t use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Indiana?

Yes. Dashcams are legal in Indiana. There are no specific laws restricting their use, but you should:

• Mount the camera so it doesn’t obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Indiana

Are Recordings Admissible in Court?

Recordings made legally under Indiana’s one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication – Can you prove the recording is genuine and unaltered?
• Relevance – Does the recording matter to the case?
• Hearsay rules – Some statements may be excluded
• Prejudicial vs. probative value – Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in felony charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Indiana

Criminal Penalties (IC 35-33.5-5-5)

Unlawful interception of wire communications is a Level 5 felony in Indiana:

Penalty	Range
Prison time	1 to 6 years
Fine	Up to $10,000

Note: With certain aggravating circumstances, more severe penalties may apply.

Civil Liability

Victims of illegal recording may also sue for:

• Actual damages
• Punitive damages
• Attorney’s fees
• Injunctive relief

Frequently Asked Questions

Is Indiana a one-party consent state?

Yes. Indiana is a one-party consent state, meaning you can record any conversation you’re part of without informing other participants.

Is Indiana a two-party consent state?

No. Indiana does not require all parties to consent to recording. Only one party needs to consent, and that party can be you.

Can I record a conversation without the other person knowing in Indiana?

Yes. As a participant in the conversation, you can record without telling the other person.

Can I sue someone for recording me in Indiana?

Only if the recording was illegal – meaning you were recorded without your consent by someone who wasn’t part of the conversation. If someone you were talking to recorded you, that’s legal in Indiana.

Do I need to tell someone I’m recording in Indiana?

No. There’s no legal requirement to inform others that you’re recording a conversation you’re part of.

Can I record a Zoom call in Indiana?

Yes, if you’re a participant in the call. Note that Zoom has its own recording features and may notify participants depending on settings.

What is the penalty for illegal recording in Indiana?

Illegal recording is a Level 5 felony in Indiana, punishable by 1-6 years in prison and up to $10,000 in fines.

Can recordings be used in divorce court in Indiana?

Yes, legally obtained recordings can be used as evidence in divorce proceedings. Courts often allow them to document communications about custody, finances, or misconduct.

Does Indiana have hidden camera laws?

Yes. IC 35-45-4-5 prohibits voyeurism and recording intimate images without consent.

Related Indiana Laws

• Indiana Car Seat Laws
• Indiana Child Support Laws
• Indiana Hit and Run Laws
• Indiana Lemon Law
• Indiana Sexting Laws
• Indiana Statute of Limitations
• Indiana Whistleblower Laws

Sources and Legal References

Source	Link
IC 35-33.5-5 – Interception of Communications	Indiana Legislature
Reporters Committee Recording Guide	RCFP

Disclaimer: This information is provided for educational purposes and should not be considered legal advice. Recording laws can be complex, and specific situations may have unique considerations. If you have questions about your particular circumstances, consult with a licensed Indiana attorney.

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One-Party Consent States Reference

The following table provides a quick reference to all one-party consent states in the United States.

State	Summary	Key Statute
Alabama	One-party consent.	Ala. Code § 13A-11-30
Alaska	One-party consent.	AS 42.20.310
Arizona	One-party consent.	ARS 13-3005
Arkansas	One-party consent.	Ark. Code § 5-60-120
Colorado	One-party consent.	C.R.S. § 18-9-303
District of Columbia	One-party consent.	D.C. Code § 23-542
Georgia	One-party for audio; all-party for video in private places.	O.C.G.A. § 16-11-62
Hawaii	One-party consent.	HRS § 803-42
Idaho	One-party consent.	Idaho Code § 18-6702
Indiana	One-party consent.	Ind. Code § 35-33.5-5
Iowa	One-party consent.	Iowa Code § 808B.2
Kansas	One-party consent.	Kan. Stat. Ann. § 21-6101
Kentucky	One-party consent.	Ky. Rev. Stat. Ann. § 526.020
Louisiana	One-party consent.	La. Rev. Stat. Ann. § 15:1303
Maine	One-party consent.	Me. Rev. Stat. Ann. tit. 15, § 710
Minnesota	One-party consent.	Minn. Stat. § 626A.02
Mississippi	One-party consent.	Miss. Code Ann. § 41-29-531
Missouri	One-party consent.	Mo. Ann. Stat. § 542.402
Nebraska	One-party consent.	Neb. Rev. Stat. § 86-290
Nevada	One-party for oral; ALL-PARTY for wire/phone.	Nev. Rev. Stat. § 200.620
New Jersey	One-party consent.	N.J. Stat. Ann. § 2A:156A-4
New Mexico	One-party consent.	N.M. Stat. Ann. § 30-12-1
New York	One-party consent.	N.Y. Penal Law § 250.00
North Carolina	One-party consent.	N.C. Gen. Stat. § 15A-287
North Dakota	One-party consent.	N.D. Cent. Code § 12.1-15-02
Ohio	One-party consent.	Ohio Rev. Code Ann. § 2933.52
Oklahoma	One-party consent.	Okla. Stat. tit. 13, § 176.4
Rhode Island	One-party consent.	R.I. Gen. Laws § 11-35-21
South Carolina	One-party consent.	S.C. Code Ann. § 17-30-30
South Dakota	One-party consent.	S.D. Codified Laws § 23A-35A-20
Tennessee	One-party consent.	Tenn. Code Ann. § 39-13-601
Texas	One-party consent.	Tex. Penal Code § 16.02
Utah	One-party consent.	Utah Code Ann. § 77-23a-4
Vermont	One-party consent (case law).	Case law
Virginia	One-party consent.	Va. Code Ann. § 19.2-62
West Virginia	One-party consent.	W. Va. Code § 62-1D-3
Wisconsin	One-party consent.	Wis. Stat. § 968.31
Wyoming	One-party consent.	Wyo. Stat. Ann. § 7-3-702

Federal Law: Under the ECPA and 18 U.S. Code § 2511, federal law operates as one-party consent.

Two-Party Consent States

The following states require all parties to consent:

• California
• Connecticut
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Michigan
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

Visit our Two-Party Consent States guide for details.