Indiana Video Recording Laws: Surveillance Rules and Privacy Limits

Indiana permits video recording in public spaces and anywhere there is no reasonable expectation of privacy. A participant may record the audio of a conversation captured on video: Indiana's wiretap law (IC 35-33.5) covers phone and other transmitted calls, and federal law (18 U.S.C. 2511) covers in-person speech, including the rule that recording other people's private conversation without a participant's consent can be a crime. Filming private areas without consent is criminal voyeurism under IC 35-45-4-5.

Indiana's video recording laws balance public filming rights with privacy protections. While the state imposes no general restriction on video recording in public places, several criminal statutes address voyeurism, hidden cameras on private property, drone surveillance, and nonconsensual distribution of intimate images. This guide covers every aspect of Indiana's video recording laws, from what you can legally film to where the criminal lines are drawn.

Video Recording in Public Spaces

Your Right to Film in Public

Indiana has no general prohibition on video recording in public spaces. The First Amendment protects your right to film in areas where there is public access and no reasonable expectation of privacy. You can legally:

• Film on public streets, sidewalks, and parks
• Record public protests, demonstrations, and events
• Film the exterior of government buildings
• Record public meetings and government proceedings under Indiana's Open Door Law (IC 5-14-1.5)
• Use dashcams while driving on public roads
• Photograph or film anything visible from a public vantage point

The Seventh Circuit Court of Appeals, which has jurisdiction over Indiana, has recognized that the act of making an audio or visual recording is protected by the First Amendment as a corollary of the right to disseminate the resulting recording.

Limitations on Public Filming

Even in public spaces, certain restrictions apply:

• No obstruction. You cannot block traffic, impede pedestrians, or interfere with emergency services while filming.
• No trespassing. You must remain in areas where you have a legal right to be. Entering private property or restricted government areas to film is trespassing.
• No harassment. Repeatedly following and filming a specific individual may constitute harassment or stalking under Indiana law.
• Government security zones. Some federal facilities, military installations, and courthouses restrict photography and filming.

For a deeper look at public recording rights, see Indiana laws on recording in public.

Video Recording on Private Property

Your Own Property

You have broad rights to install and use video recording equipment on your own property. Indiana homeowners and business owners can:

• Install security cameras on the exterior of their buildings
• Use doorbell cameras like Ring or Nest
• Monitor common areas inside their homes or businesses
• Record visitors, delivery drivers, and anyone who enters their property

However, you cannot use cameras on your own property to record:

• Areas where others have a reasonable expectation of privacy (bathrooms, guest bedrooms, changing areas)
• Your neighbor's private property through concealed or hidden cameras
• Intimate activities without the consent of all involved parties

For more on residential and commercial surveillance, see Indiana security camera laws.

Someone Else's Private Property

Indiana law specifically prohibits placing recording equipment on another person's property without their consent. Under IC 35-46-8.5-1, a person who knowingly or intentionally places a camera or electronic surveillance equipment that records images or data while unattended on the private property of another person without the consent of the owner or tenant commits unlawful surveillance.

The statute also prohibits placing a tracking device on an individual or on property owned by an individual without their knowledge or consent.

Exceptions to the Private Property Surveillance Law

IC 35-46-8.5-1 provides specific exceptions:

• Law enforcement. Officers with a valid search warrant or the property owner's consent may place surveillance equipment on private property.
• Family tracking. A person may use a tracking device to determine the location of a family member, unless a protective order prohibits it.
• Ownership interest. A person may place a tracking device on property in which they have an ownership or contractual interest (such as a leased vehicle), unless a protective order applies.

Indiana's Voyeurism Laws

IC 35-45-4-5: Voyeurism, Public Voyeurism, and Aerial Voyeurism

Indiana's voyeurism statute (IC 35-45-4-5) addresses several categories of unlawful visual recording.

Basic Voyeurism

"Peeping" into an occupied dwelling or an area where an occupant can reasonably be expected to disrobe, without the occupant's consent, is a Class B misdemeanor punishable by up to 180 days in jail and a $1,000 fine.

The statute defines "peep" as any looking of a clandestine, surreptitious, prying, or secretive nature.

Basic Peeping Committed by Camera

If the basic peeping described above is committed by means of a camera or other electronic recording device, IC 35-45-4-5(c) makes it an automatic Level 6 felony (6 months to 2.5 years in prison, up to $10,000 fine) as the base offense. No prior conviction and no dissemination of the image is required; using a camera to peep is what elevates the offense.

Public Voyeurism

Separately, using a camera or electronic device to record a "private area" of an individual without consent constitutes public voyeurism, which is a Class A misdemeanor punishable by up to 365 days in jail and a $5,000 fine.

A "private area" is defined as the naked or undergarment-clad genitals, pubic area, or buttocks of an individual.

Enhanced Penalties for Public Voyeurism

Public voyeurism escalates to a Level 6 felony (6 months to 2.5 years in prison, up to $10,000 fine) when:

• The offender has a prior unrelated conviction, or
• The offender publishes, shares on the internet, or otherwise disseminates the captured image

For a comprehensive breakdown of voyeurism penalties, see Indiana voyeurism and hidden camera laws.

Aerial Voyeurism (Drones)

IC 35-45-4-5 also addresses drone-based surveillance. Flying an unmanned aerial vehicle over or around another person's occupied dwelling with the intent to peep, to capture images or recordings of that person inside the dwelling, or on its grounds in a spot not visible from a public area, is remote aerial voyeurism, a Class A misdemeanor.

The offense becomes a Level 6 felony if:

• The images are published, shared online, or disseminated
• The offender has a prior conviction for the same offense

This provision is increasingly relevant as consumer drone use expands. Even if you are flying a drone legally under Federal Aviation Administration (FAA) rules, you can still violate Indiana's aerial voyeurism statute if you fly it over or around someone's home with the intent to peep and capture images of them there.

Distribution of Intimate Images

IC 35-45-4-8: Indiana's Revenge Porn Law

Indiana's intimate image distribution law (IC 35-45-4-8) makes it a crime to distribute an intimate image of another person when you know or reasonably should know that the depicted person does not consent to the distribution.

"Distribution" means transferring the image to another person through any medium, forum, device, network, or website, including posting on a website or app.

The law also covers AI-generated and computer-generated intimate images. HEA 1047 (Pub. L. 79-2024), effective July 1, 2024, expanded IC 35-45-4-8 to reach AI-generated and digitally altered intimate imagery.

The federal TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025) adds a federal layer: it makes knowingly publishing nonconsensual intimate images, including AI-generated deepfakes, a federal crime, and since May 19, 2026 it has required online platforms to remove reported images within 48 hours of a valid request. The Act's criminal provision says it does not limit the application of other relevant law, and Indiana's own criminal and civil statutes still apply.

Video Recording in Specific Settings

Workplace Video Surveillance

Indiana employers can generally use video cameras in common work areas such as lobbies, hallways, break rooms, and parking lots. Employers cannot place cameras in:

• Bathrooms and restrooms
• Locker rooms and changing areas
• Any space where employees have a reasonable expectation of privacy

Indiana's voyeurism statute (IC 35-45-4-5) applies to workplace settings, so using a camera to watch or record employees in restrooms or changing areas without consent is a criminal offense, a Level 6 felony when a camera is used, not just a policy violation. For more on workplace-specific rules, see Indiana workplace recording laws.

Schools

School districts across Indiana commonly use video surveillance in hallways, cafeterias, parking lots, and building entrances for safety purposes. Cameras are not permitted in bathrooms, locker rooms, or other areas where students have a reasonable expectation of privacy.

The federal Family Educational Rights and Privacy Act (FERPA) imposes additional restrictions on school-recorded video that captures student information. For more details, see Indiana school recording laws.

Healthcare Facilities

Video recording in hospitals, clinics, and medical offices raises both state privacy law and federal HIPAA considerations. Patients can generally record their own appointments, because a participant may record a conversation under federal law (Indiana's wiretap law covers only phone and other transmitted calls), but healthcare providers may have policies restricting recording. For details, see Indiana medical recording laws.

Retail and Commercial Spaces

Businesses can install security cameras in customer-facing areas and common spaces. Signage notifying customers of surveillance is recommended but not legally required under Indiana law. Using cameras to watch or record customers in fitting rooms, restrooms, or other places where people undress, without consent, is a crime under the voyeurism statute, so keep cameras out of those areas.

Audio Considerations for Video Recording

Indiana's wiretapping law (IC 35-33.5-5) covers only communications sent by wire, radio, or a similar system, such as phone and video calls, so it does not apply to the sound a camera picks up from people talking in person. The federal Wiretap Act (18 U.S.C. 2511) does.

• If you are present and participating in a conversation being captured on video, the audio recording is lawful, because a party may record under federal law (18 U.S.C. 2511(2)(d)).
• If you set up a video camera with audio in a room and leave, capturing other people's private conversation without the consent of anyone in it, the audio portion can be a federal felony punishable by up to five years in prison, even if the video portion is lawful.
• Audio of people talking openly in public or common areas is generally not protected, because federal law protects only conversations spoken with a justified expectation that they are not being intercepted (18 U.S.C. 2510(2)).

For more on the audio side of recording law, see Indiana audio recording laws.

Using Video Recordings as Evidence

Admissibility in Court

Video recordings obtained legally are generally admissible in Indiana courts. Courts evaluate:

• Authentication. You must establish that the recording accurately represents what it purports to show.
• Chain of custody. For security camera footage, maintaining records of who accessed the recording and when strengthens admissibility.
• Relevance. The footage must be relevant to the issues in the case.
• Best evidence rule. Original recordings are preferred over copies, though digital copies are generally accepted with proper authentication.

Illegally Obtained Video

Video obtained through voyeurism, unlawful surveillance on private property, or other illegal means invites admissibility challenges, and whether a court admits it depends on the case and the court's rules of evidence. The person who made the illegal recording may also face criminal charges, so do not count on illegally made video as evidence.

More Indiana Recording Laws

Audio Recording | Video Recording | Voyeurism & Hidden Cameras | Workplace Recording | Recording Police | Phone Call Recording | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording

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Frequently Asked Questions

Can I film in public in Indiana?

Yes. Indiana has no general prohibition on video recording in public spaces. You can film on public streets, sidewalks, parks, and anywhere you have a legal right to be where there is no reasonable expectation of privacy.

Is it illegal to record someone on their private property in Indiana?

Placing an unattended camera or electronic surveillance device on someone else's private property without their consent is a Class A misdemeanor under IC 35-46-8.5-1. It becomes a Level 6 felony if you have a prior conviction for unlawful surveillance, domestic violence, stalking, or invasion of privacy, or are the subject of a protective order. However, filming someone from a public area, even if they are on their own property, is generally lawful.

What are the penalties for voyeurism in Indiana?

Basic voyeurism (peeping into an occupied dwelling) is a Class B misdemeanor, but peeping by means of a camera is an automatic Level 6 felony. Separately, using a camera to record someone's private area (public voyeurism) is a Class A misdemeanor that becomes a Level 6 felony if images are shared online or the offender has a prior conviction.

Can I use a drone to record video in Indiana?

You can fly drones and record video in public airspace, but using a drone, with the intent to peep, to capture images of people inside their homes, or on their property where they are not visible from public areas, violates Indiana's aerial voyeurism law under IC 35-45-4-5. This is a Class A misdemeanor, escalating to a Level 6 felony if images are shared or the person has a prior unrelated conviction under the voyeurism statute.

Is sharing intimate images without consent illegal in Indiana?

Yes. Under IC 35-45-4-8, distributing intimate images without the depicted person's consent is a Class A misdemeanor for a first offense and a Level 6 felony for repeat offenders. This includes AI-generated images.

Can my employer put cameras in the workplace in Indiana?

Employers can install video cameras in common work areas like lobbies, hallways, and parking lots. Using cameras to watch or record employees in bathrooms, locker rooms, or changing areas without consent is voyeurism under Indiana law and can result in felony charges, so keep cameras out of those areas.