Indiana Code 35-46-8.5-1. Unlawful photography, surveillance, and tracking on private property
(1) Electronic or video toll collection facilities or activities authorized under any of the following:
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
| Class A misdemeanor | up to 1 year | up to $5,000 |
Terms Used In Indiana Code 35-46-8.5-1
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(B) IC 8-15-3.
(C) IC 8-15.5.
(D) IC 8-15.7.
(E) IC 8-16.
(F) IC 9-21-3.5.
(2) A law enforcement officer who has obtained:
(A) a search warrant; or
(B) the consent of the owner of private property;
to place a camera, electronic surveillance equipment, or tracking device on the private property, with respect to the placement of a camera, electronic surveillance equipment, or tracking device.
(3) A law enforcement officer who uses a law enforcement recording device in performance of the officer’s duties, with respect to the use of the law enforcement recording device.
(4) A person who uses a tracking device to determine the location of a family member (as defined in IC 35-44.1-3-1), unless the person is the subject of a protective order obtained by the family member.
(5) A person who places a tracking device on property in which the person has an ownership or contractual interest, unless the person is the subject of a protective order and the property is likely to be used by the person who obtained the protective order.
(6) A tracking device placed on a person or the property of a person:
(A) who is incarcerated;
(B) as a condition of probation, parole, home detention, community corrections, bail, prosecutorial diversion, or supervised release; or
(C) pursuant to a court order.
(7) A device installed as original equipment by the manufacturer of a motor vehicle.
(8) A provider of electronic communications services with respect to a tracking device, if the installation, placement, or use of the tracking device is disclosed to the consumer in the provider’s terms of use, privacy policy, or similar document available to the consumer.
(b) As used in this section, “protective order” refers to an order described in IC 35-45-10-5(b)(2) or IC 35-46-1-15.1(a).
(c) A person who knowingly or intentionally places a:
(1) camera or electronic surveillance equipment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property; or
(2) tracking device on an individual or on property owned or used by an individual, without the knowledge or consent of the individual;
commits unlawful surveillance, a Class A misdemeanor, except as provided in subsection (d).
(d) Unlawful surveillance under subsection (c) is a Level 6 felony if:
(1) the person has a prior unrelated conviction for:
(A) an offense under this section;
(B) a crime of domestic violence under IC 35-38-1-7.7;
(C) stalking (IC 35-45-10-5); or
(D) invasion of privacy (IC 35-46-1-15.1); or
(2) the person is the subject of a protective order.
As added by P.L.170-2014, SEC.26. Amended by P.L.58-2016, SEC.10; P.L.172-2023, SEC.6.