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Indiana criminal charge

Unlawful recording; defense in Indiana

Current through 2026 Indiana legislative session

Unlawful recording; defense is a criminal offense under Indiana law, defined by Ind. Code § 35-46-8-4. 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 § 35-46-8-4.

What is the penalty for unlawful recording; defense in Indiana?

Penalties for Unlawful recording; defense
PenaltyRangeBasisAuthority
Fineup to $500 (Unlawful recording (first offense) — A person knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with intent to transmit or record a motion picture, with no prior related adjudication or conviction within the previous five years.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount)discretionaryInd. Code § 34-28-5-4
Jail / prisonup to 180 days (Unlawful recording (repeat offense) — The person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.)discretionaryInd. Code § 35-50-3-3
Fineup to $1,000 (Unlawful recording (repeat offense) — The person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.)discretionaryInd. Code § 35-50-3-3

Applies to current.

How is unlawful recording; defense classified in Indiana?

The classification depends on the circumstances:

Classification variants for Unlawful recording; defense
VariantClassificationWhen it appliesStatute
Unlawful recording (first offense)Class C InfractionA person knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with intent to transmit or record a motion picture, with no prior related adjudication or conviction within the previous five years.Ind. Code § 35-46-8-4(a)
Unlawful recording (repeat offense)Class B MisdemeanorThe person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.Ind. Code § 35-46-8-4(a)

Common questions about unlawful recording; defense in Indiana

Is unlawful recording; defense a felony or a misdemeanor in Indiana?

It depends on the circumstances: unlawful recording; defense ranges from a Class C Infraction to a Class B Misdemeanor in Indiana under Ind. Code § 35-46-8-4.

Unlawful recording (first offense): Class C Infraction (Ind. Code § 35-46-8-4(a)) · Unlawful recording (repeat offense): Class B Misdemeanor (Ind. Code § 35-46-8-4(a))

What are the penalties for unlawful recording; defense in Indiana?

Penalties for unlawful recording; defense in Indiana depend on how it is classified — from a Class C Infraction up to a Class B Misdemeanor — with the ranges set by Ind. Code § 34-28-5-4 and Ind. Code § 35-50-3-3; the full table of ranges by variant is published on this page.

Which Indiana statute covers unlawful recording; defense?

Unlawful recording; defense is governed by Ind. Code § 35-46-8-4 (Unlawful recording; defense).

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.