§ 35-46-8.5-1 — Unlawful photography, surveillance, and tracking on private property

Indiana § 35-46-8.5-1

• Jurisdiction: Indiana
• Art. 46: MISCELLANEOUS OFFENSES
• Ch. 8.5: Unlawful Photography and Surveillance on Private

Text

(a) This section does not apply to any of the
following:
(1) Electronic or video toll collection facilities or activities
authorized under any of the following:
(A) IC 8-15-2.
(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.

Legislative History

As added by P.L.170-2014, SEC.26. Amended by P.L.58-2016, SEC.10; P.L.172-2023, SEC.6.