Indiana Recording Laws

Indiana Recording Law Summary:

Is Indiana a One Party Consent State?

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 wire or electronic conversations that you are not a part of without the consent of at least one party.

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)

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.

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