Indiana criminal charge
Unlawful photography, surveillance, and tracking on private property in Indiana
Unlawful photography, surveillance, and tracking on private property is a criminal offense under Indiana law, defined by Ind. Code § 35-46-8.5-1. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-46-8.5-1.
What is the penalty for unlawful photography, surveillance, and tracking on private property in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Unlawful surveillance - base offense — A person knowingly or intentionally places an unattended camera or electronic surveillance equipment on another's private property without consent, or places a tracking device on an individual or their property without knowledge or consent, and none of the aggravating factors in subsection (d) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Unlawful surveillance - base offense — A person knowingly or intentionally places an unattended camera or electronic surveillance equipment on another's private property without consent, or places a tracking device on an individual or their property without knowledge or consent, and none of the aggravating factors in subsection (d) apply.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Unlawful surveillance - prior related conviction or protective order subject — The offense under subsection (c) is elevated when the person has a prior unrelated conviction for an offense under this section, a crime of domestic violence, stalking, or invasion of privacy, or when the person is the subject of a protective order.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Unlawful surveillance - prior related conviction or protective order subject — The offense under subsection (c) is elevated when the person has a prior unrelated conviction for an offense under this section, a crime of domestic violence, stalking, or invasion of privacy, or when the person is the subject of a protective order.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is unlawful photography, surveillance, and tracking on private property classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful surveillance - base offense | Class A Misdemeanor | A person knowingly or intentionally places an unattended camera or electronic surveillance equipment on another's private property without consent, or places a tracking device on an individual or their property without knowledge or consent, and none of the aggravating factors in subsection (d) apply. | Ind. Code § 35-46-8.5-1(c) |
| Unlawful surveillance - prior related conviction or protective order subject | Level 6 Felony | The offense under subsection (c) is elevated when the person has a prior unrelated conviction for an offense under this section, a crime of domestic violence, stalking, or invasion of privacy, or when the person is the subject of a protective order. | Ind. Code § 35-46-8.5-1(d) |
Common questions about unlawful photography, surveillance, and tracking on private property in Indiana
Is unlawful photography, surveillance, and tracking on private property a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful photography, surveillance, and tracking on private property ranges from a Class A Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-46-8.5-1.
Unlawful surveillance - base offense: Class A Misdemeanor (Ind. Code § 35-46-8.5-1(c)) · Unlawful surveillance - prior related conviction or protective order subject: Level 6 Felony (Ind. Code § 35-46-8.5-1(d))
What are the penalties for unlawful photography, surveillance, and tracking on private property in Indiana?
Penalties for unlawful photography, surveillance, and tracking on private property in Indiana depend on how it is classified — from a Class A Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-2 and Ind. Code § 35-50-2-7; the full table of ranges by variant is published on this page.
Which Indiana statute covers unlawful photography, surveillance, and tracking on private property?
Unlawful photography, surveillance, and tracking on private property is governed by Ind. Code § 35-46-8.5-1 (Unlawful photography, surveillance, and tracking on private property).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.