Indiana Recording Laws: Consent Rules and Penalties

Quick Answer

Indiana is a one-party consent state. You can legally record phone calls and conversations as long as you are a party to the conversation or have consent from at least one participant. Indiana's wiretapping law covers wire and electronic communications and provides an exception for party consent.

Key Point	Answer
Consent Type	One-Party
Can you record your own calls?	Yes
Must you inform others?	No
Primary Statute	IC 35-33.5-5
Maximum Fine	$10,000
Maximum Prison Time	6 years (Level 5 felony)
Advisory Sentence	3 years

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Understanding Indiana's Recording Laws

The Legal Foundation

Indiana's wiretapping laws are found in Title 35, Article 33.5, Chapter 5 of the Indiana Code. The key statutes are:

• IC 35-33.5-5-5 - Unlawful interception of communications
• IC 35-33.5-5-4 - Civil remedies for violations
• IC 35-31.5-2-176 - Definition of "interception"

Under these statutes, it is unlawful to intentionally intercept or attempt to intercept wire or electronic communications. However, the law provides an important exception: recording is legal when done by a party to the communication or with consent from at least one party.

The definition of "interception" under IC 35-31.5-2-176 means the intentional recording or acquisition of the contents of an electronic communication by a person other than a sender or receiver, without the consent of the sender or receiver.

One-Party vs. Two-Party Consent Explained

In a one-party consent state like Indiana, only one person in the conversation needs to know about and consent to the recording. That person can be you. You do not need to announce "this call is being recorded" or get anyone else's permission.

In contrast, two-party (or all-party) consent states like neighboring Illinois require everyone in the conversation to agree to be recorded.

Important Note About In-Person Conversations

Indiana's wiretapping statute specifically addresses telephone, telegraphic, and electronic communications. The statute does not explicitly address the recording of in-person (oral) conversations in the same way. However, Indiana courts have generally applied one-party consent principles to face-to-face conversations. If you are a participant in an in-person conversation, recording it is generally lawful.

Other state laws, such as voyeurism and trespassing statutes, may still apply depending on the circumstances.

Important Note About Illinois

If you are in Indiana and calling someone in Illinois, be aware that Illinois requires all-party consent for most recordings. The stricter law typically applies to interstate communications, so you may need all parties' consent if someone on the call is in Illinois.

Recording Phone Calls in Indiana

Can You Record Phone Calls in Indiana?

Yes. Under IC 35-33.5-5, you can record any phone call you are participating in without informing the other party. This applies to:

• Landline calls
• Cell phone calls
• VoIP calls (Zoom, Teams, Google Meet, etc.)
• Video calls

Recording Calls Across State Lines

If you are in Indiana calling someone in a two-party consent state, the stricter law typically applies. States requiring all-party consent include:

• California
• Connecticut
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• Nevada (for phone calls)
• New Hampshire
• Pennsylvania
• Washington

Best practice: If you are recording calls with people in other states (especially neighboring Illinois), either inform them or get all-party consent to be safe.

Business Call Recording

Indiana businesses can record calls for quality assurance, training, or compliance. Consent can be obtained through:

• Verbal consent before the call begins
• A recorded announcement ("This call may be recorded...")
• A periodic beep tone during the call

Businesses should also keep in mind that federal law under the Electronic Communications Privacy Act (18 U.S.C. 2511) sets a baseline one-party consent standard, and Indiana's law aligns with that requirement.

Recording In-Person Conversations

When Is It Legal?

You can record in-person conversations in Indiana when:

• You are participating in the conversation
• You are in a public place where there is no reasonable expectation of privacy
• You have consent from at least one party (which can be yourself)

When Is It Illegal?

It is illegal to record conversations when:

• You are not a party to the conversation and do not have consent
• You are trespassing on private property to make the recording
• You are recording with criminal intent

What About Recording in Your Own Home?

You can record conversations in your own home if you are participating. However, you cannot:

• Plant a hidden device and leave to record others
• Record guests in areas with privacy expectations (bathrooms, guest bedrooms)
• Record intimate activities without consent

Indiana Video Recording Laws

Public Spaces

Indiana has no general prohibition on video recording in public spaces. You can:

• Film on public streets, parks, and sidewalks
• Record public meetings and government proceedings
• Use dashcams in your vehicle
• Film public protests or demonstrations

Private Property

On private property, the property owner sets the rules. Indiana also has specific statutes that restrict certain types of recordings:

Voyeurism (IC 35-45-4-5): This law prohibits peeping into occupied dwellings and recording intimate images without consent. Penalties range from a Class B misdemeanor (up to 180 days in jail and a $1,000 fine) to a Level 6 felony (6 months to 2.5 years in prison and up to $10,000 in fines) if a camera is used or the offender has a prior conviction.

Unlawful Surveillance on Private Property (IC 35-46-8.5-1): It is a Class A misdemeanor to place a camera or electronic surveillance equipment on another person's private property without the owner's or tenant's consent. This carries up to 365 days in jail and a $5,000 fine.

Distribution of Intimate Images (IC 35-45-4-8): Sharing intimate images without the depicted person's consent is a Class A misdemeanor, escalating to a Level 6 felony for repeat offenders.

If you are recording someone's likeness for business purposes, you should ensure that you gain proper consent by having them fill out a photo or video consent form.

Aerial Voyeurism (Drones)

Using an unmanned aerial vehicle to capture images of a person within their dwelling or on their property (where they are not visible from a public area) is a Class A misdemeanor under IC 35-45-4-5. The offense becomes a Level 6 felony if the images are published or shared online, or if the offender has a prior conviction.

Recording in the Workplace

Can Your Employer Record You?

Indiana employers can generally record in common work areas where employees do not have a privacy expectation. However, employers cannot record in:

• Bathrooms
• Locker rooms
• Changing areas

Can You Record Your Employer?

Yes. As a one-party consent state, you can record conversations with your boss, HR, coworkers, or anyone else at work as long as you are part of the conversation. This can be valuable for:

• Documenting harassment or discrimination
• Recording performance reviews
• Protecting yourself in disputes
• Preserving important instructions

Caution: Your employer may have policies against recording. While recording is legal under Indiana law, violating company policy could result in termination.

Recording Police and Government Officials

Can You Record Police Officers in Indiana?

Yes. The First Amendment protects your right to record law enforcement officers performing their duties in public. In Indiana, you can:

• Film traffic stops (including your own)
• Record arrests happening in public
• Document interactions with police
• Livestream encounters

Important limitations:

• Do not interfere with police operations
• Do not trespass to get a better angle
• Follow lawful orders to step back (within reason)
• Do not obstruct the officer's duties

2025 Update: Indiana's 25-Foot Buffer Zone Law Blocked

In 2023, Indiana passed House Bill 1186, which made it a Class C misdemeanor to knowingly approach within 25 feet of a law enforcement officer after being ordered to stop. The ACLU of Indiana challenged this law in Nicodemus v. City of South Bend.

In August 2025, the U.S. Court of Appeals for the Seventh Circuit upheld a lower court's block on the law, finding it unconstitutionally vague. The court noted that the law "does not offer police officers guidance to help them determine under what circumstances someone should be told to move back," leaving it open to arbitrary enforcement and creating "an unacceptable curtailment of First Amendment rights."

As a result, Indiana's 25-foot buffer zone law is currently unenforceable. You retain the right to record police from a reasonable distance without being ordered to retreat under this statute.

Recording Government Meetings

Indiana's Open Door Law (IC 5-14-1.5) requires public meetings to be open to the public. Recording of public meetings is generally permitted. You can record:

• City and town council meetings
• County commission meetings
• School board meetings
• State legislative proceedings
• Public hearings

2025 Update: New Livestreaming Requirements for Public Meetings

Effective July 1, 2025, HEA 1306-2024 amended Indiana's Open Door Law to require local government bodies to livestream and archive all public meetings. Key provisions include:

• Governing bodies must post live video transmissions on a publicly accessible platform
• Recordings must be archived along with the agenda and minutes
• Archives must remain available for at least 90 days
• The public can inspect and download recordings without charge
• Bodies without internet access must still record meetings and post them afterward
• Technological failures do not invalidate actions taken during the meeting

This law applies to counties, cities, towns, townships, school boards with elected members, and state agencies. Noncompliance can be reported to Indiana's Public Access Counselor.

Specific Situations

Can I Record My Landlord in Indiana?

Yes, if you are part of the conversation. Recording interactions with landlords can help document:

• Verbal agreements about repairs
• Harassment or illegal entry
• Disputes about lease terms
• Evidence for tenant rights cases

Can I Record My Doctor in Indiana?

Yes, you can record medical appointments you attend. This can be helpful for:

• Remembering complex medical instructions
• Documenting informed consent discussions
• Having a record of diagnoses
• Sharing information with family caregivers

Keep in mind that healthcare providers may have their own policies about recording. While Indiana law allows it, a provider could ask you to stop or decline service.

Can I Record DCS Workers?

Yes. Department of Child Services (DCS) workers are government employees, and you can record your interactions with them as long as you are participating in the conversation.

Can I Record My Ex-Spouse or Co-Parent?

Yes, during conversations you are part of. This is common in custody disputes. However:

• Do not record your children's private conversations without being present
• Do not use children to secretly record the other parent
• Consider how recordings may be viewed by family courts

Can I Use a Dashcam in Indiana?

Yes. Dashcams are legal in Indiana. There are no specific laws restricting their use, but you should:

• Mount the camera so it does not obstruct your view
• Be aware that audio recording follows one-party consent rules
• Check if your insurance offers dashcam discounts

Using Recordings as Evidence in Indiana

Are Recordings Admissible in Court?

Recordings made legally under Indiana's one-party consent law are generally admissible as evidence. However, courts may consider:

• Authentication - Can you prove the recording is genuine and unaltered?
• Relevance - Does the recording matter to the case?
• Hearsay rules - Some statements may be excluded under Indiana Rules of Evidence
• Prejudicial vs. probative value - Does it unfairly influence the jury?

Criminal Cases vs. Civil Cases

• Criminal cases: Illegally obtained recordings are typically inadmissible and may result in felony charges against you
• Civil cases: Rules can be more flexible, but illegally obtained evidence may still be excluded

Penalties for Illegal Recording in Indiana

Criminal Penalties (IC 35-33.5-5-5)

Unlawful interception of wire or electronic communications is a Level 5 felony in Indiana under IC 35-50-2-6:

Penalty	Range
Prison time	1 to 6 years
Advisory sentence	3 years
Fine	Up to $10,000

Additionally, a person who uses or discloses the contents of an illegally intercepted communication while working in the criminal justice system also commits a Level 5 felony.

Civil Liability (IC 35-33.5-5-4)

Victims of illegal recording have a private right of action under Indiana law. A successful civil suit may result in:

• Liquidated damages of $100 per day for each day of the violation, or $1,000, whichever is greater
• Actual damages suffered
• Punitive damages
• Attorney's fees and court costs

The statute of limitations for civil claims is two years from the date the interception, disclosure, or use of the communication first occurred.

A good faith reliance on a court-issued warrant is a complete defense to civil liability.

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