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Indiana Recording Laws (2026): One-Party Consent Rules

Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 23 primary sources cited on this page. How we verify our legal content

Indiana Recording Laws (2026): One-Party Consent Rules

Frequently Asked Questions

Is Indiana a one-party or two-party consent state?

Indiana is a one-party consent state. Under Ind. Code 35-33.5-5-5, read with the interception definition at Ind. Code 35-31.5-2-176, a participant in a phone call or transmitted electronic communication may record it without telling the other party. The criminal offense only applies when no party to the communication consents.

Can I record a phone call in Indiana without telling the other person?

Yes, if you are a party to the call. Ind. Code 35-31.5-2-176 defines you as a sender or receiver, so your participation satisfies the consent requirement and the offense at Ind. Code 35-33.5-5-5 is not triggered. The same rule applies to landline calls, cell calls, VoIP, and video meetings.

Can I record someone in person in Indiana?

The wiretap statute does not reach face-to-face oral conversation at all: Ind. Code 35-31.5-2-110 only covers communication transmitted by wire, radio, or an electromagnetic, photoelectronic, or photo-optical system, and unmediated in-person speech is not transmitted that way. However, in-person covert recording can still violate the voyeurism statute at Ind. Code 35-45-4-5 (private places), the intimate-image statute at Ind. Code 35-45-4-8, or civil invasion-of-privacy torts. Best practice for sensitive in-person recordings is to get express consent.

What is the penalty for illegal recording in Indiana?

Criminal: Level 5 felony, 1 to 6 years in prison (advisory 3 years), up to a $10,000 fine under Ind. Code 35-50-2-6(b). Civil: the greater of actual damages, $100 per day of violation, or $1,000 minimum, plus punitive damages and attorney fees, under Ind. Code 35-33.5-5-4. Civil claims must be filed within two years of the initial violation.

Is illegal recording a felony in Indiana?

Yes. Unlawful interception under Ind. Code 35-33.5-5-5 is a Level 5 felony, carrying 1 to 6 years in prison with a 3-year advisory sentence and a fine up to $10,000. Older sources calling it a 'Class D felony' are stale; Indiana replaced the Class A-D felony system with the Level 1-6 system on July 1, 2014.

Can I record the police in Indiana?

Yes. The Seventh Circuit recognized a First Amendment right to audio-record on-duty police in public in ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012), and that decision binds Indiana federal courts. Indiana has no separate state Right-to-Record statute, but it does have two encroachment statutes that work against you: Ind. Code 35-44.1-2-14 and Ind. Code 35-44.1-2-15 each make it a Class C misdemeanor to approach within 25 feet of an officer lawfully engaged in the officer's duties after the officer orders you to stop approaching. Neither one requires you to stop recording. Do not interfere with police activity, hold your distance once you are told to stop approaching, and comply with lawful orders to step back while continuing to record.

Are Ring cameras and nanny cams legal in Indiana?

Video-only cameras in common areas of your own property are generally lawful. Audio capture requires at least one party's consent if conversations occur where speakers have a reasonable expectation of privacy under Ind. Code 35-33.5. Pointing any camera into bathrooms, bedrooms, or showers can trigger voyeurism liability under Ind. Code 35-45-4-5 regardless of audio.

Can my employer fire me for recording in Indiana?

Yes. Indiana is an at-will employment state, and employers may prohibit workplace recording by policy even though one-party recording is legal under state law. Under NLRB Stericycle, Inc., 372 NLRB No. 113 (2023), a no-recording policy must be narrowly tailored to a legitimate business interest. Recording that is tied to protected concerted activity under NLRA Section 7 may be protected from discipline.

Updates

Corrected four legal errors verified against the official Indiana Code and the full text of State v. Lombardo: device-free peeping does escalate to a Level 6 felony on a prior unrelated conviction under Ind. Code 35-45-4-5(c), public and aerial voyeurism also escalate when the image is published, posted online, or transmitted to another person under subsections (e) and (h), the Lombardo decision is a ruling that the Wiretap Act is constitutional that reversed a dismissal and remanded rather than a finding that the defendant violated the Act, and the page now names Ind. Code 35-44.1-2-14 and 35-44.1-2-15, the 25-foot encroachment offenses a person recording Indiana police can actually be charged under.

Corrected two statutory inaccuracies: Indiana's electronic-communication definition (Ind. Code 35-31.5-2-110) lists oral communication as covered content and excludes in-person speech only because it is not transmitted by wire, radio, or an electromagnetic/photo-optical system, not because of a nonexistent 'oral communication' exclusion clause; and law-enforcement body-cam/dash-cam retention under Ind. Code 5-14-3-5.3 is 190 days for local agencies and 280 days for state agencies, extending to 2 years on a requestor's notice or complaint, not automatically for death, injury, or deadly-force incidents.

Independently fact-checked against the cited primary sources

Governing law re-checked for recent changes

Competitive gap-check audit against top-ranking competitor content: corrected two wrong Indiana Public Law citations verified against the Indiana General Assembly's own bill-tracking records. HEA 1047 of 2024 is Pub. L. 79-2024, not the previously stated Pub. L. 117-2024. HEA 1133 of 2024 is Pub. L. 81-2024, not the previously stated Pub. L. 83-2024. Both bill numbers, subject matter, and July 1, 2024 effective dates were already correct; only the Public Law numbers were wrong. Added Kearney v. Salomon Smith Barney, Inc., 39 Cal.4th 95, 137 P.3d 914 (Cal. 2006) to the interstate call section as persuasive (not binding) authority for the existing 'follow the strictest state' guidance, since no Indiana court has ruled on the choice-of-law question for interstate call recording. All other facts on the page independently confirmed accurate.

Reviewed and approved by an editor

Audit fix: corrected voyeurism penalty table (IC 35-45-4-5). Camera-based peeping under subsection (b) is a Level 6 felony as the base offense, not a Class A misdemeanor. Class A misdemeanor base applies to public voyeurism (subsection d) and aerial voyeurism (subsection g), which escalate to Level 6 only with a prior unrelated conviction under this section (or dissemination for aerial). At-a-glance table updated to match. Restructured for readability: added AEO lede, condensed at-a-glance table, reorganized core sections (in-person, phone, hidden cameras, penalties, police), compressed special topics to single tight paragraphs each, added in-depth guide index, refreshed FAQ to 8 plain-language questions. All other facts confirmed: Level 5 felony, 1-6 years, 3-year advisory, $10,000 fine, $100/day or $1,000 civil floor, plus punitives and fees, 2-year SOL, HEA 1047 and HEA 1133 effective dates (July 1, 2024).

Refresh: Replaced broken KeyTakeaways block (was rendering H2 section titles instead of fact statements) with seven fact-statement takeaways anchored to verified primary law. Corrected criminal interception cite to Ind. Code 35-33.5-5-5 (Level 5 felony, 1 to 6 years, up to $10,000 fine under Ind. Code 35-50-2-6(b)); pre-refresh draft used the wrong section and the wrong felony level. Corrected civil cause of action cite to Ind. Code 35-33.5-5-4 with the correct $100 per day or $1,000 minimum (whichever is greater) liquidated-damages floor and 2-year statute of limitations. Reframed wiretap-chapter scope as transmitted-only under Ind. Code 35-31.5-2-110, with face-to-face oral communication expressly excluded from the 'electronic communication' definition. Added Indiana HEA 1133 of 2024 (Pub. L. 83-2024, effective July 1, 2024) deepfake elections civil cause of action and Indiana HEA 1047 of 2024 (Pub. L. 117-2024, effective July 1, 2024) AI intimate-image expansion of Ind. Code 35-45-4-8. Added ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012) as the controlling First Amendment record-the-police authority for the Seventh Circuit (Indiana, Illinois, Wisconsin). Updated FCC One-to-One Consent Rule (FCC 24-24) status to vacated by 11th Circuit Insurance Marketing Coalition Ltd. v. FCC (mandate Apr. 30, 2025); removed any reliance on stale 47 C.F.R. 64.501 (which was removed effective Nov. 20, 2017). Added NLRB Stericycle 372 NLRB No. 113 (Aug. 2, 2023) plus GC 25-05 (Feb. 2025) plus GC 25-07 (June 26, 2025) workplace overlay. Added federal TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025; covered-platform notice-and-takedown obligation effective May 19, 2026). Noted Indiana's 2014 transition from Class A/B/C/D to Level 1 to 6 felony classification (HEA 1006-2013) so readers understand stale 'Class D felony' citations elsewhere.

Refresh: Replaced broken KeyTakeaways block (was rendering H2 section titles instead of fact statements) with seven fact-statement takeaways anchored to verified primary law. Corrected criminal interception cite to Ind. Code 35-33.5-5-5 (Level 5 felony, 1 to 6 years, up to $10,000 fine under Ind. Code 35-50-2-6(b)); pre-refresh draft used the wrong section and the wrong felony level. Corrected civil cause of action cite to Ind. Code 35-33.5-5-4 with the correct $100 per day or $1,000 minimum (whichever is greater) liquidated-damages floor and 2-year statute of limitations. Reframed wiretap-chapter scope as transmitted-only under Ind. Code 35-31.5-2-110, which covers oral communication only when it is transmitted by wire, radio, or an electromagnetic, photoelectronic, or photo-optical system, so unmediated face-to-face speech falls outside the definition. Added Indiana HEA 1133 of 2024 (Pub. L. 81-2024, effective July 1, 2024) [deepfake](/us-laws/deepfake-laws) elections civil cause of action and Indiana HEA 1047 of 2024 (Pub. L. 79-2024, effective July 1, 2024) AI intimate-image expansion of Ind. Code 35-45-4-8. Added ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012) as the controlling First Amendment record-the-police authority for the Seventh Circuit (Indiana, Illinois, Wisconsin). Updated FCC One-to-One Consent Rule (FCC 24-24) status to vacated by 11th Circuit Insurance Marketing Coalition Ltd. v. FCC (mandate Apr. 30, 2025); removed any reliance on stale 47 C.F.R. 64.501 (which was removed effective Nov. 20, 2017). Added NLRB Stericycle 372 NLRB No. 113 (Aug. 2, 2023) plus GC 25-05 (Feb. 2025) plus GC 25-07 (June 25, 2025) workplace overlay. Added federal TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025; covered-platform notice-and-takedown obligation effective May 19, 2026). Noted Indiana's 2014 transition from Class A/B/C/D to Level 1 to 6 felony classification (HEA 1006-2013) so readers understand stale 'Class D felony' citations elsewhere.

Added wearable recording device guidance covering AI voice recorders (Plaud) and smart glasses (Meta Ray-Bans) under Indiana one-party consent law.

Sources and References

  1. iga.in.gov.gov
  2. iga.in.gov.gov
  3. iga.in.gov.gov
  4. iga.in.gov.gov
  5. in.gov.gov
  6. iga.in.gov.gov
  7. media.ca7.uscourts.gov.gov
  8. iga.in.gov.gov
  9. iga.in.gov.gov
  10. in.gov.gov
  11. iga.in.gov.gov
  12. in.gov.gov
  13. iga.in.gov.gov
  14. uscode.house.gov.gov
  15. justice.gov.gov
  16. nlrb.gov.gov
  17. nlrb.gov.gov
  18. ftc.gov.gov
  19. congress.gov.gov
  20. docs.fcc.gov.gov
  21. fcc.gov.gov
  22. federalregister.gov.gov
  23. ecfr.gov.gov
  24. Ind. Code 35-44.1-2-14, Unlawful encroachment on an investigation (25-foot buffer, Class C misdemeanor; added by P.L.67-2023)(iga.in.gov)
  25. Ind. Code 35-44.1-2-15, Unlawful encroachment on a law enforcement officer (25-foot buffer, Class C misdemeanor; added by P.L.4-2025)(iga.in.gov)
  26. State v. Lombardo, 738 N.E.2d 653 (Ind. 2000) (full opinion: Wiretap Act held constitutional, trial court dismissal reversed and remanded)(courtlistener.com)
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