Indiana
Indiana Recording Laws (2026): One-Party Consent Rules
Indiana is a one-party consent state under Ind. Code 35-33.5-5-5. Any participant in a phone call or transmitted electronic communication may record it without notifying the other parties. Recording a conversation without any party's consent is a Level 5 felony and also triggers a private civil cause of action under Ind. Code 35-33.5-5-4.
Indiana recording law at a glance
| Question | Answer |
|---|---|
| Consent rule | One-party (any participant may record) |
| Main statute | Ind. Code 35-33.5-5-5; definition at Ind. Code 35-31.5-2-176 |
| When illegal | Recording a transmitted communication you are not part of, without any party's consent |
| Criminal penalty | Level 5 felony: 1-6 years, advisory 3 years, up to $10,000 fine |
| Civil penalty | Greater of actual damages, $100/day, or $1,000 minimum; plus punitives and attorney fees; 2-year SOL |
| Hidden cameras | Ind. Code 35-45-4-5 (voyeurism); camera-based peeping is a Level 6 felony; public and aerial voyeurism are Class A misdemeanor base, Level 6 felony with prior unrelated conviction under this section |
| Recording police | First Amendment right confirmed by the Seventh Circuit in ACLU of Illinois v. Alvarez, 679 F.3d 583 (2012) |
For a deeper treatment of any of these rules, see the in-depth guides below.
Recording in-person conversations in Indiana
Indiana's wiretap chapter at Ind. Code Article 33.5 governs transmitted electronic communications, not face-to-face conversation. The statute defining "electronic communication" at Ind. Code 35-31.5-2-110 expressly excludes "oral communication" from its scope. That means a spoken exchange between two people in the same room, with no wire or wireless transmission, is simply outside the wiretap chapter.
This is not a loophole for covert in-person recording. Three other Indiana statutes regularly reach in-person video or audio capture: voyeurism under Ind. Code 35-45-4-5 (private places, restrooms, dressing rooms), distribution of intimate images under Ind. Code 35-45-4-8 (expanded in 2024 to cover AI-generated imagery), and common-law civil torts for intrusion upon seclusion or public disclosure of private facts. For in-person recordings in sensitive settings such as medical visits, legal meetings, or family disputes, the safest practice is to get express consent even though the wiretap chapter does not require it.
The Indiana Supreme Court applied the wiretap chapter in State v. Lombardo, 738 N.E.2d 653 (Ind. 2000), holding that a spouse who planted a recorder to capture calls the spouse was not a party to committed the paradigmatic violation. Being a non-participant is the key fact that triggers criminal liability.
Recording phone calls in Indiana
Phone calls are the core application of Ind. Code 35-33.5-5-5. Landline calls, cell calls, VoIP (Zoom, Teams, FaceTime, Google Meet), and SMS are all transmitted electronic communications under Ind. Code 35-31.5-2-110. As a participant you are a "sender or receiver" under Ind. Code 35-31.5-2-176, so your consent alone satisfies the statute.
Practical points: you may record any call you are on without telling the other party; a non-participant who records your call without any party's consent commits a Level 5 felony; employers recording their own customer-service lines are participants and fall within the exception.
The interstate wrinkle matters. Indiana's neighbor Illinois requires all-party consent under 720 ILCS 5/14. If any party to a call is in Illinois, treat the call as all-party and either announce the recording or get consent from everyone. The conservative rule for any multi-state call is to follow the strictest state involved. See our Indiana phone call recording laws guide for more on cross-border calls.
Hidden cameras, doorbells, and nanny cams
Because the wiretap chapter covers only transmitted communications, Indiana uses Ind. Code 35-45-4-5 to reach covert video recording in private places. The voyeurism statute covers peeping into dwellings or disrobing areas, public voyeurism (recording another's private area in a public place), and remote aerial voyeurism (drone-based peeping). The penalty structure:
| Conduct | Penalty |
|---|---|
| Peeping without a device | Class B misdemeanor (no escalation) |
| Camera-based peeping | Level 6 felony (base) |
| Public voyeurism | Class A misdemeanor; Level 6 felony with prior unrelated conviction under this section |
| Remote aerial voyeurism | Class A misdemeanor; Level 6 felony with prior unrelated conviction under this section or if images are disseminated |
A nanny cam or Ring camera mounted in a common area of your home is generally lawful. Pointing audio-capable cameras at spaces where guests have a reasonable expectation of private conversation can produce unlawful interceptions under Ind. Code 35-33.5 if no party consents. Pointing any camera into bathrooms, guest bedrooms, or showers can trigger voyeurism liability. The 2023 FTC v. Ring settlement (No. 1:23-cv-01549, D.D.C.; $5.8 million consumer redress) is a reminder of the federal privacy overlay that applies to connected-camera operators.
Ind. Code 35-45-4-8 covers distribution of intimate images without consent (Class A misdemeanor base; Level 6 felony with a prior). House Enrolled Act 1047 of 2024 (Pub. L. 117-2024, effective July 1, 2024) expanded the statute to cover AI-generated and digitally altered intimate imagery, and amended Ind. Code 35-45-4-5 to reach hidden-camera capture intended to produce intimate images. See our guides on Indiana video recording laws and Indiana voyeurism laws.
Penalties for illegal recording in Indiana
A single unlawful recording can trigger both criminal prosecution and a private civil lawsuit under two separate statutes.
Criminal (Ind. Code 35-33.5-5-5): Unlawful interception is a Level 5 felony. Under Ind. Code 35-50-2-6(b), the sentencing range is 1 to 6 years in prison with a 3-year advisory sentence and a fine up to $10,000. Using or disclosing an unlawfully intercepted communication (by criminal-justice personnel) is also a Level 5 felony under subsection (c). Older sources using "Class D felony" are stale; Indiana replaced the Class A-D felony system with the Level 1-6 system on July 1, 2014.
Civil (Ind. Code 35-33.5-5-4): A victim may sue for:
| Civil remedy | Amount |
|---|---|
| Actual damages | Plaintiff's full actual loss |
| Liquidated damages floor | Greater of $100/day of violation or $1,000 minimum |
| Punitive damages | Available |
| Attorney fees | Reasonable fees and litigation costs |
| Statute of limitations | 2 years from the initial violation |
Good-faith reliance on a valid warrant is a complete defense. Lack of knowledge that the communication was unlawfully intercepted is an affirmative defense to the disclosure and use claims.
Recording the police in Indiana
Indiana is in the Seventh Circuit, which recognized a First Amendment right to audio-record on-duty police officers in public in ACLU of Illinois v. Alvarez, 679 F.3d 583 (7th Cir. 2012). Judge Sykes held that openly recording officers in public triggers heightened First Amendment scrutiny and that a blanket audio-recording prohibition as applied to that activity was not narrowly tailored. Alvarez is binding on Indiana federal courts.
Indiana has no parallel state Right-to-Record statute. In practice: you may openly record police performing public duties; do not interfere with police activity; maintain a reasonable distance; comply with lawful orders to step back (moving back is not the same as stopping the recording).
Law-enforcement body-cam, dash-cam, and fixed-camera recordings are governed by the Access to Public Records Act framework at Ind. Code 5-14-3-5.1 (release rules) and Ind. Code 5-14-3-5.3 (minimum 280-day retention floor, longer for footage capturing death, serious injury, or use of deadly force). Citizens requesting footage of their own arrest should file an APRA request with the relevant agency. For more, see the Indiana police recording laws guide.
Special topics in Indiana
Workplace recording and NLRB rules
Indiana's one-party rule covers ordinary workplace conversations a participant records: HR meetings, performance reviews, disciplinary calls. An employer can prohibit recording by policy, and discipline for violating a properly drawn policy may be lawful even though the underlying recording was legal. Under NLRB Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), a workplace no-recording rule is presumptively unlawful if a reasonable employee could read it to chill protected Section 7 activity; narrow tailoring to a legitimate business interest is required. NLRB GC 25-05 (Feb. 2025) narrowed enforcement posture without overruling Stericycle. NLRB GC 25-07 (June 25, 2025) treats surreptitious recording of NLRA collective-bargaining sessions as a per se unfair labor practice under Sections 8(a)(5) and 8(b)(3). See the Indiana workplace recording laws guide.
Parental vicarious consent
Indiana courts have recognized that a parent may record a minor child's phone conversations when acting in good faith concern for the child's welfare. The doctrine draws on the general guardianship framework at Ind. Code 29-3-3-3 and on federal-court applications of the participant-consent rule to family settings. The Indiana Parenting Time Guidelines (effective January 1, 2022) discourage parents from recording communications with the other co-parent, and family courts may weigh such recordings unfavorably when assessing parental fitness.
AI deepfake statutes (2024)
Indiana enacted two AI statutes effective July 1, 2024. HEA 1133 (Pub. L. 83-2024) creates a civil cause of action against anyone who pays for or sponsors election-campaign media containing AI-generated depictions of a candidate without a disclaimer that the content was "digitally altered or artificially generated." The remedy is civil only; there is no criminal penalty. HEA 1047 (Pub. L. 117-2024) expanded Ind. Code 35-45-4-8 and 35-45-4-5 to cover AI-generated and digitally altered intimate imagery with the same Class A misdemeanor / Level 6 felony structure as unaltered intimate images.
Federal TAKE IT DOWN Act
The federal TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025) criminalizes knowing publication of nonconsensual intimate imagery including AI deepfakes, and imposes a 48-hour platform notice-and-takedown obligation effective May 19, 2026. Indiana victims may pursue federal remedies alongside state claims under Ind. Code 35-45-4-8 and the voyeurism statute.
Federal overlay (ECPA, FCC, HIPAA)
Indiana's one-party rule matches the federal floor at 18 U.S.C. 2511(2)(d). FCC Declaratory Ruling 24-17 (Feb. 2024) classifies AI-generated voices in robocalls as artificial or prerecorded under the TCPA; prior express written consent is required for such calls to Indiana numbers. FCC 24-24 (One-to-One Consent) was vacated by the Eleventh Circuit in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303 (2025), and is no longer in force. Under HIPAA's Privacy Rule (45 C.F.R. Part 164), a patient may record their own medical visit under Indiana's one-party rule; a covered entity recording the patient needs a treatment, payment, or operations exception or HIPAA-compliant authorization. The legacy carrier beep-tone rule at 47 C.F.R. 64.501 was removed effective November 20, 2017; do not cite it.
Recent legal developments
- July 1, 2024: HEA 1047 (Pub. L. 117-2024) expands Ind. Code 35-45-4-8 to cover AI-generated and digitally altered intimate imagery; same penalty structure (Class A misdemeanor; Level 6 felony with a prior).
- July 1, 2024: HEA 1133 (Pub. L. 83-2024) creates a civil cause of action for undisclaimed AI-generated political-campaign media depicting a candidate.
- May 19, 2025: Federal TAKE IT DOWN Act (Pub. L. 119-12) signed; platform notice-and-takedown obligation effective May 19, 2026.
- April 30, 2025: Eleventh Circuit vacates FCC 24-24 One-to-One Consent Rule in Insurance Marketing Coalition Ltd. v. FCC, 127 F.4th 303.
- August 2, 2023: NLRB Stericycle, Inc., 372 NLRB No. 113 replaces Boeing framework for workplace no-recording rules; GC 25-05 (Feb. 2025) and GC 25-07 (June 25, 2025) modify enforcement posture.
Indiana recording laws in depth
Want to know more? The guides below cover specific Indiana recording contexts in depth.
By type of recording
- Indiana Audio Recording Laws: One-Party Consent Rules and Penalties
- Indiana Video Recording Laws: Surveillance Rules and Privacy Limits
- Indiana Phone Call Recording Laws: One-Party Consent Rules Explained
- Indiana Voyeurism and Hidden Camera Laws: Statutes and Penalties
- Indiana Dashcam Laws: Mounting Rules, Audio Recording, and Legal Use
By place or relationship
- Indiana Workplace Recording Laws: Employee Rights and Employer Rules
- Indiana Laws on Recording Police: Your Rights and the 25-Foot Buffer Law
- Indiana Laws on Recording in Public: Rights, Limits, and Practical Rules
- Indiana Security Camera Laws: Residential, Business, and Rental Rules
- Indiana Medical Recording Laws: Patient Rights, HIPAA, and Provider Rules
- Indiana Landlord-Tenant Recording Laws: Rights for Renters and Property Owners
- Indiana School Recording Laws: Student Privacy, FERPA, and Parent Rights
More Indiana laws
- Indiana Alimony Laws
- Indiana At-Will Employment Laws
- Indiana Child Custody Laws
- Indiana Child Support Laws
- Indiana Data Privacy Laws
- Indiana Landlord-Tenant Laws
This article is general legal information, not legal advice. Recording laws change and apply differently to each situation. For advice about your situation, consult a licensed Indiana attorney.
More Indiana Laws
- Indiana AI Meeting Recording Laws
- Indiana Alimony Laws
- Indiana At-Will Employment Laws
- Indiana Car Accident Laws
- Indiana Car Seat Laws
- Indiana Child Custody Laws
- Indiana Child Support Laws
- Indiana Common Law Marriage Laws
- Indiana Data Privacy Laws
- Indiana Deepfake Laws
- Indiana Divorce Laws
- Indiana Dog Bite Laws
- Indiana Emancipation Laws
- Indiana Expungement Laws
- Indiana Hit and Run Laws
- Indiana Landlord-Tenant Laws
Sources and References
- iga.in.gov.gov
- iga.in.gov.gov
- iga.in.gov.gov
- iga.in.gov.gov
- in.gov.gov
- iga.in.gov.gov
- media.ca7.uscourts.gov.gov
- iga.in.gov.gov
- iga.in.gov.gov
- in.gov.gov
- iga.in.gov.gov
- in.gov.gov
- iga.in.gov.gov
- uscode.house.gov.gov
- justice.gov.gov
- nlrb.gov.gov
- nlrb.gov.gov
- ftc.gov.gov
- congress.gov.gov
- docs.fcc.gov.gov
- fcc.gov.gov
- federalregister.gov.gov
- ecfr.gov.gov