§ 35-45-4-5 — Voyeurism; public voyeurism; aerial voyeurism

Indiana § 35-45-4-5

• Jurisdiction: Indiana
• Art. 45: OFFENSES AGAINST PUBLIC HEALTH, ORDER,
• Ch. 4: Indecent Acts and Prostitution

Text

(a) The following definitions apply throughout
this section:
(1) "Camera" means a camera, a video camera, a device that
captures a digital image, or any other type of video recording
device.
(2) "Peep" means:
(A) any looking of a clandestine, surreptitious, prying, or
secretive nature; or
(B) using a concealed camera with the intent of capturing an
intimate image (as defined by IC 34-21.5-2-1).
(3) "Private area" means the naked or undergarment clad genitals,
pubic area, or buttocks of an individual.
(b) A person:
(1) who knowingly or intentionally:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who knowingly or intentionally peeps in or into an area where
an occupant of the area reasonably can be expected to disrobe or
is actually expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B
misdemeanor.
(c) However, the offense under subsection (b) is a Level 6 felony if:
(1) it is knowingly or intentionally committed by means of a
camera; or
(2) the person who commits the offense has a prior unrelated
conviction under this section.
(d) A person who:
(1) without the consent of the individual; and
(2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by
means of a camera commits public voyeurism, a Class A misdemeanor.
(e) The offense under subsection (d) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the image;
(2) makes the image available on the Internet; or
(3) transmits or disseminates the image to another person.
(f) It is a defense to a prosecution under subsection (d) that the
individual deliberately exposed the individual's private area.
(g) A person who, with the intent to peep, operates an unmanned
aerial vehicle in a manner that is intended to cause the unmanned aerial
vehicle to enter the space above or surrounding another person's
occupied dwelling for the purpose of capturing images, photographs,
video recordings, or audio recordings of the other person while the
other person is:
(1) within the other person's occupied dwelling; or
(2) on the land or premises:
(A) on which the other person's occupied dwelling is located;
and
(B) in a location that is not visible from an area:
(i) open to the general public; or
(ii) where a member of the general public has the right to be;
commits remote aerial voyeurism, a Class A misdemeanor.
(h) The offense under subsection (g) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the images, photographs, or recordings captured;
(2) makes the images, photographs, or recordings captured
available on the Internet; or
(3) transmits or disseminates the images, photographs, or
recordings captured to another person.

Legislative History

As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995, SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1; P.L.75-2011, SEC.1; P.L.158-2013, SEC.529; P.L.107-2017, SEC.8; P.L.142-2020, SEC.72; P.L.79-2024, SEC.3.