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Indiana Voyeurism and Hidden Camera Laws: Statutes and Penalties

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202611 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 8 primary sources cited on this page. How we verify our legal content

Indiana Voyeurism and Hidden Camera Laws: Statutes and Penalties

Indiana prohibits voyeurism and hidden-camera recording under Ind. Code 35-45-4-5. Basic peeping is a Class B misdemeanor, but peeping by means of a camera, or a prior unrelated conviction, elevates the offense directly to a Level 6 felony. A separate public voyeurism offense, using a camera to record someone's private area, is a Class A misdemeanor that can also rise to a Level 6 felony if the images are shared or the offender has a prior conviction.

Indiana has multiple criminal statutes addressing voyeurism, hidden cameras, and nonconsensual intimate image distribution. These laws protect people from unauthorized visual surveillance in private settings, hidden recording devices on their property, and the sharing of intimate images without their consent. This guide breaks down each statute, the specific conduct it prohibits, the penalties for violations, and the defenses that may apply.

Indiana Voyeurism Law: IC 35-45-4-5

Overview

Indiana's primary voyeurism statute is IC 35-45-4-5, which addresses three distinct categories of voyeurism:

Indiana voyeurism penalties run from up to 180 days in jail and a $1,000 fine for peeping without a camera to a Level 6 felony, 6 months to 2.5 years in prison, for peeping by camera.
Peeping into a home or changing area by camera is a felony on the first offense in Indiana; most other hidden-camera and image offenses start as Class A misdemeanors.
  1. Basic voyeurism (peeping into an occupied dwelling, or into an area where people are expected to disrobe, such as restrooms, baths, showers, and dressing rooms)
  2. Public voyeurism (recording private areas of a person using a camera)
  3. Aerial voyeurism (using drones with the intent to peep to capture images of people in private settings)

Each category has different elements and penalty ranges.

Key Definitions

Understanding the statute requires knowing several defined terms:

  • "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature, or using a concealed camera with the intent of capturing an intimate image.
  • "Private area" means the naked or undergarment-clad genitals, pubic area, or buttocks of an individual.
  • "Intimate image" means a photograph, digital image, computer-generated image, or video that depicts sexual intercourse, other sexual conduct, or the exhibition of the uncovered buttocks, genitals, or female breast of the individual.

Basic Voyeurism (Peeping)

What the Law Prohibits

A person who knowingly or intentionally peeps (or goes on another person's land intending to peep) into an occupied dwelling of another person, or who peeps into an area where an occupant can reasonably be expected to disrobe, including restrooms, baths, showers, and dressing rooms, without the other person's consent, commits voyeurism.

This covers classic "peeping Tom" behavior such as:

  • Looking through windows of a home or apartment
  • Peering over or through fences into private yards where someone is undressing
  • Peeping into bathroom or bedroom windows
  • Spying through gaps, holes, or cracks in walls or doors
  • Peeping into a restroom, shower, or dressing room, including with a concealed camera

Penalties

Offense LevelClassificationPenalty
Basic peepingClass B misdemeanorUp to 180 days in jail, $1,000 fine
Peeping by means of a camera, or a prior unrelated convictionLevel 6 felony6 months to 2.5 years in prison, up to $10,000 fine

Enhanced Penalty Triggers

The offense escalates from a misdemeanor to a Level 6 felony when:

  • The offender has a prior unrelated voyeurism conviction, or
  • A camera or electronic recording device was used to capture the images

Dissemination of the images is not itself a trigger for this basic-voyeurism enhancement. Publishing, sharing, or otherwise disseminating images is instead an enhancement condition for the separate public voyeurism offense described below.

Public Voyeurism

Indiana dome security camera in the corner of an office ceiling

What the Law Prohibits

Public voyeurism under IC 35-45-4-5 targets a specific type of conduct: using a camera or electronic device to record a "private area" of another person without that person's consent.

Unlike basic peeping, public voyeurism has no location element: it applies anywhere, including on a public street, when someone without consent and with intent to peep photographs or films another person's private area. Examples include:

  • Using a hidden camera to photograph up someone's skirt or dress ("upskirting")
  • Covertly photographing a person's private area in a public place without consent

A camera placed inside a changing room, fitting room, restroom, shower, or similar area where people are expected to disrobe can be charged as voyeurism under IC 35-45-4-5(b)(2), which becomes a Level 6 felony when committed by means of a camera under subsection (c)(1).

Penalties

Public voyeurism is a Class A misdemeanor punishable by:

  • Up to 365 days in jail
  • A fine of up to $5,000

The offense becomes a Level 6 felony (6 months to 2.5 years in prison, up to $10,000 fine) if:

  • The offender has a prior unrelated conviction
  • The images are published, shared online, or disseminated

Aerial Voyeurism (Drones)

What the Law Prohibits

IC 35-45-4-5 includes a specific provision addressing drone-based surveillance. A person who, with the intent to peep, flies an unmanned aerial vehicle (drone) into the space above or around another person's occupied dwelling to capture images, video, or audio of that person while the person is:

  • Inside the dwelling, or
  • On the land around the dwelling, in a spot not visible from an area open to the public or where the public has a right to be

commits remote aerial voyeurism.

This provision recognizes that drones can access vantage points that are not available from ground level, allowing operators to peer into backyards, through upper-story windows, and over privacy fences.

Penalties

Offense LevelClassificationPenalty
First offenseClass A misdemeanorUp to 365 days in jail, $5,000 fine
Prior conviction or sharing imagesLevel 6 felony6 months to 2.5 years in prison, up to $10,000 fine

Interaction with Federal Drone Regulations

Even if you are flying a drone legally under Federal Aviation Administration (FAA) rules (proper registration, flying below 400 feet, maintaining visual line of sight), you can still violate Indiana's aerial voyeurism statute. FAA compliance covers airspace rules, not privacy laws. State criminal statutes like IC 35-45-4-5 govern the privacy dimension of drone operation separately.

Unlawful Surveillance on Private Property: IC 35-46-8.5-1

A student seen from behind walks down a school hallway of lockers holding a phone at their side

What the Law Prohibits

IC 35-46-8.5-1 makes it a crime to knowingly or intentionally place 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.

This statute targets hidden camera placement specifically. It covers:

  • Hidden cameras planted in someone else's home or apartment
  • Concealed recording devices placed in a neighbor's yard or garage
  • Secret cameras placed in a rental by a landlord (unsettled: the law turns on the consent of the owner or tenant, the landlord owns the unit, and no Indiana appeals court has decided whether it applies)
  • Surveillance equipment placed on another person's vehicle (combined with tracking provisions)

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

Penalties

Offense LevelClassificationPenalty
Base offenseClass A misdemeanorUp to 365 days in jail, $5,000 fine
Prior unrelated conviction for unlawful surveillance, domestic violence, stalking, or invasion of privacy, or offender is subject to a protective orderLevel 6 felony6 months to 2.5 years in prison, up to $10,000 fine

Exceptions

The law provides specific exceptions for:

  • Law enforcement with a valid search warrant or property owner consent
  • Family member tracking (unless a protective order applies)
  • Property owners tracking their own property (such as a leased vehicle), unless a protective order applies

Distribution of Intimate Images: IC 35-45-4-8

Indiana's Revenge Porn Law

IC 35-45-4-8 criminalizes the distribution of intimate images when the person depicted did not consent to the distribution and the distributor knew or reasonably should have known that consent was not given.

"Distribution" is defined broadly. It means transferring the image to another person through any medium, forum, telecommunications device, network, or website, including posting on a website or application.

What the Law Covers

The statute applies to:

  • Sharing intimate photos or videos via text, email, or messaging apps
  • Posting intimate images on social media platforms
  • Uploading intimate content to websites or forums
  • Sending intimate images to another person's employer, family, or friends

AI-Generated and Deepfake Images

Indiana's law explicitly 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. Creating and distributing a realistic but fabricated intimate image of someone using artificial intelligence tools falls under the criminal statute.

Federal Overlay: TAKE IT DOWN Act

The TAKE IT DOWN Act (Pub. L. 119-12, signed May 19, 2025) makes it a federal crime to knowingly publish intimate images of a person without consent, including AI-generated fakes, and since May 19, 2026 has required online platforms to remove reported images within 48 hours, a duty the FTC enforces. It does not create a right to sue. Victims can sue under a separate federal law, 15 U.S.C. 6851, and under Indiana's civil statute for disclosure of nonconsensual intimate images, IC 34-21.5-3-1. Indiana's criminal statute, IC 35-45-4-8, continues to apply alongside the federal law.

Penalties

Offense LevelClassificationPenalty
First offenseClass A misdemeanorUp to 365 days in jail, $5,000 fine
Prior convictionLevel 6 felony6 months to 2.5 years in prison, up to $10,000 fine

Hidden Cameras in Specific Settings

Indiana lapel microphone clipped to a charcoal blazer

Rental Properties

A landlord whose hidden camera watches a tenant inside an occupied unit, or in a bathroom or other place where people undress, can be charged with voyeurism under IC 35-45-4-5 whoever owns the property. Whether the unlawful surveillance statute (IC 35-46-8.5-1) also applies is unsettled, because it requires the consent of the owner or tenant and the landlord owns the unit; no Indiana appeals court has decided the question. Tenants may also have civil privacy claims. Tenants who discover hidden cameras should contact law enforcement immediately. For more, see Indiana landlord-tenant recording laws.

Hotels and Short-Term Rentals

Using hidden cameras to watch or record guests in hotel rooms, Airbnb properties, or other short-term rentals, especially in bathrooms and bedrooms, can be voyeurism under IC 35-45-4-5. A camera planted by someone other than the owner can also be unlawful surveillance under IC 35-46-8.5-1. Guests who suspect hidden cameras in private areas should report it to law enforcement.

Workplaces

Employers who use cameras to watch or record employees in bathrooms, locker rooms, or changing areas without consent commit voyeurism under IC 35-45-4-5. Employees who discover hidden cameras in these areas should report the situation to both HR and law enforcement. For more on workplace rules, see Indiana workplace recording laws.

Schools

Using cameras to watch or record students in school bathrooms, locker rooms, or changing areas is voyeurism under IC 35-45-4-5 regardless of who placed them. School districts have a duty to prevent such surveillance and respond immediately to any reports. For more, see Indiana school recording laws.

Defenses to Voyeurism Charges

If the person depicted consented to the recording, voyeurism charges do not apply. However, consent to being recorded does not automatically include consent to distribution. A person who consented to intimate photos being taken can still be a victim under IC 35-45-4-8 if those images are shared without their consent.

Location and Deliberate Exposure

Location matters only for the peeping offense in subsection (b), which covers occupied dwellings and places where people undress. Public voyeurism under subsection (d) applies anywhere, including on a public sidewalk: secretly photographing or filming someone's private area without consent is a crime even in public. The statute's only listed defense to public voyeurism is that the person deliberately exposed the private area (IC 35-45-4-5(f)).

Accidental Recording

The voyeurism statute requires intent. An accidental or inadvertent recording may not meet the statutory elements. However, this defense depends on the specific facts and whether the recording was truly unintentional.

Reporting Hidden Camera Violations

If you discover a hidden camera:

  1. Do not touch or move the device. It is evidence.
  2. Document its location with your own photos or video.
  3. Contact local law enforcement immediately.
  4. Preserve any related communications (texts, emails, messages from the suspected perpetrator).
  5. Consult an attorney about potential civil claims for damages.

Civil Remedies

Victims of voyeurism and hidden camera violations can pursue civil lawsuits in addition to criminal prosecution. Potential civil remedies include:

  • Compensatory damages for emotional distress, therapy costs, and reputational harm
  • Punitive damages to punish particularly egregious conduct
  • Injunctive relief to prevent further distribution of images
  • Attorney fees and court costs in some circumstances

The statute of limitations for civil claims varies depending on the specific cause of action. Consulting an attorney promptly after discovering a violation is important.

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

What is the penalty for voyeurism in Indiana?

Basic voyeurism (peeping) is a Class B misdemeanor with up to 180 days in jail. Peeping by means of a camera, or having a prior conviction, makes it a Level 6 felony with 6 months to 2.5 years in prison and up to $10,000 in fines. A separate offense, public voyeurism (recording someone's private area with a camera), is a Class A misdemeanor that also escalates to a Level 6 felony if images are shared or the offender has a prior conviction.

Is it illegal to put a hidden camera in someone's house in Indiana?

Yes. Placing an unattended camera on another person's private property without consent is unlawful surveillance under IC 35-46-8.5-1 (Class A misdemeanor). If the camera captures intimate images, voyeurism charges under IC 35-45-4-5 may also apply.

Is revenge porn illegal in Indiana?

Yes. Distributing intimate images without the depicted person's consent is a Class A misdemeanor under IC 35-45-4-8, escalating to a Level 6 felony for repeat offenders. The law covers real photos, videos, and AI-generated deepfake images.

Can I use a drone to film my neighbor in Indiana?

You cannot use a drone, with the intent to peep, to capture images of a person inside their home or on their property in an area not visible from a public space. This constitutes aerial voyeurism under IC 35-45-4-5 and is a Class A misdemeanor, or a Level 6 felony if images are shared.

What should I do if I find a hidden camera?

Do not touch or move the device. Document its location with your own photos, contact local law enforcement immediately, and preserve any related communications. The hidden camera is evidence, and police will need to collect it properly. Consult an attorney about potential civil claims.

Are deepfake intimate images illegal in Indiana?

Yes. Indiana's intimate image distribution law (IC 35-45-4-8) explicitly covers AI-generated and computer-generated intimate images. Creating and distributing a fabricated intimate image of someone using AI tools carries the same penalties as distributing real images.

Updates

Added the intent-to-peep element to the summary descriptions of Indiana's drone voyeurism offense.

We added the intent-to-peep element to Indiana's drone voyeurism offense and noted that the statute's definition of an intimate image includes computer-generated images.

We corrected the description of the federal TAKE IT DOWN Act, which creates crimes and a platform takedown duty but no right to sue, and named the actual civil remedies (15 U.S.C. 6851 and IC 34-21.5-3-1); we also explained that it is unsettled whether Indiana's unlawful surveillance law covers a landlord's camera in a unit the landlord owns, removed an invented higher penalty for AI-generated images, replaced a public-location defense that does not apply to public voyeurism with the statute's actual defense, and completed the unlawful surveillance felony triggers.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected our description of Indiana's voyeurism statute to include peeping into restrooms, showers, and dressing rooms and the concealed-camera definition of peeping, and clarified that a camera in those areas is a Level 6 felony rather than misdemeanor public voyeurism.

Corrected two statutory errors: the basic-voyeurism enhancement list wrongly included image dissemination as a trigger for camera-based peeping under IC 35-45-4-5(c) (that trigger applies only to the separate public voyeurism offense), and HEA 1047 of 2024 was mis-cited as Public Law 117-2024 instead of Public Law 79-2024.

Independently fact-checked against the cited primary sources

Corrected the voyeurism penalty structure: peeping by means of a camera (or a prior conviction) is a Level 6 felony directly under IC 35-45-4-5(c), not a Class A misdemeanor step; also removed an unsupported claim that merely threatening to distribute intimate images is itself a crime under IC 35-45-4-8, which criminalizes actual distribution.

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Indiana Code IC 35-45-4-5 - Voyeurism(iga.in.gov).gov
  2. Indiana Code IC 35-46-8.5-1 - Unlawful Surveillance(law.justia.com)
  3. Indiana Code IC 35-45-4-8 - Distribution of Intimate Image(iga.in.gov).gov
  4. Indiana Code IC 35-50-2-7 - Level 6 Felony Sentencing(iga.in.gov).gov
  5. FAA - Drones(faa.gov).gov
  6. Indiana Code IC 35-46-8.5-1 - Unlawful Photography and Surveillance on Private Property(iga.in.gov).gov
  7. Indiana Code IC 35-33.5-5 - Interception of Communications(iga.in.gov).gov
  8. TAKE IT DOWN Act, Public Law 119-12 (2025)(congress.gov).gov
  9. 15 U.S.C. 6851 (civil action for disclosure of intimate images)(law.cornell.edu)
  10. Indiana Code IC 34-21.5-3-1 (action for disclosing nonconsensual pornography)(iga.in.gov).gov
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