Indiana criminal charge
Voyeurism; public voyeurism; aerial voyeurism in Indiana
Voyeurism; public voyeurism; aerial voyeurism is a criminal offense under Indiana law, defined by Ind. Code § 35-45-4-5. 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 § 35-45-4-5.
What is the penalty for voyeurism; public voyeurism; aerial voyeurism in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 180 days (Voyeurism — base offense — A person peeps or goes upon another's land to peep into an occupied dwelling, or peeps into an area where an occupant reasonably can be expected to disrobe, without consent.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Voyeurism — base offense — A person peeps or goes upon another's land to peep into an occupied dwelling, or peeps into an area where an occupant reasonably can be expected to disrobe, without consent.) | discretionary | Ind. Code § 35-50-3-3 |
| Jail / prison | 6 months to 30 months (Voyeurism — by camera or prior conviction — The voyeurism offense under subsection (b) is committed by means of a camera, or the person has a prior unrelated conviction under this section.; 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 (Voyeurism — by camera or prior conviction — The voyeurism offense under subsection (b) is committed by means of a camera, or the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | up to 1 year (Public voyeurism — base offense — A person, without consent and with intent to peep at an individual's private area, peeps at the private area and records an image by camera.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Public voyeurism — base offense — A person, without consent and with intent to peep at an individual's private area, peeps at the private area and records an image by camera.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Public voyeurism — prior conviction or publication/dissemination — The public voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the recorded image.; 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 (Public voyeurism — prior conviction or publication/dissemination — The public voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the recorded image.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | up to 1 year (Remote aerial voyeurism — base offense — A person, with intent to peep, operates an unmanned aerial vehicle into the space above or surrounding another's occupied dwelling to capture images or recordings of the person within the dwelling or on non-publicly-visible premises.) | discretionary | Ind. Code § 35-50-3-2 |
| Fine | up to $5,000 (Remote aerial voyeurism — base offense — A person, with intent to peep, operates an unmanned aerial vehicle into the space above or surrounding another's occupied dwelling to capture images or recordings of the person within the dwelling or on non-publicly-visible premises.) | discretionary | Ind. Code § 35-50-3-2 |
| Jail / prison | 6 months to 30 months (Remote aerial voyeurism — prior conviction or publication/dissemination — The remote aerial voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the captured images or recordings.; 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 (Remote aerial voyeurism — prior conviction or publication/dissemination — The remote aerial voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the captured images or recordings.) | discretionary | Ind. Code § 35-50-2-7 |
Applies to current.
How is voyeurism; public voyeurism; aerial voyeurism classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Voyeurism — base offense | Class B Misdemeanor | A person peeps or goes upon another's land to peep into an occupied dwelling, or peeps into an area where an occupant reasonably can be expected to disrobe, without consent. | Ind. Code § 35-45-4-5(b) |
| Voyeurism — by camera or prior conviction | Level 6 Felony | The voyeurism offense under subsection (b) is committed by means of a camera, or the person has a prior unrelated conviction under this section. | Ind. Code § 35-45-4-5(c) |
| Public voyeurism — base offense | Class A Misdemeanor | A person, without consent and with intent to peep at an individual's private area, peeps at the private area and records an image by camera. | Ind. Code § 35-45-4-5(d) |
| Public voyeurism — prior conviction or publication/dissemination | Level 6 Felony | The public voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the recorded image. | Ind. Code § 35-45-4-5(e) |
| Remote aerial voyeurism — base offense | Class A Misdemeanor | A person, with intent to peep, operates an unmanned aerial vehicle into the space above or surrounding another's occupied dwelling to capture images or recordings of the person within the dwelling or on non-publicly-visible premises. | Ind. Code § 35-45-4-5(g) |
| Remote aerial voyeurism — prior conviction or publication/dissemination | Level 6 Felony | The remote aerial voyeurism offense is elevated if the person has a prior unrelated conviction under this section, or publishes, posts online, or transmits/disseminates the captured images or recordings. | Ind. Code § 35-45-4-5(h) |
Common questions about voyeurism; public voyeurism; aerial voyeurism in Indiana
Is voyeurism; public voyeurism; aerial voyeurism a felony or a misdemeanor in Indiana?
It depends on the circumstances: voyeurism; public voyeurism; aerial voyeurism ranges from a Class B Misdemeanor to a Level 6 Felony in Indiana under Ind. Code § 35-45-4-5.
Voyeurism — base offense: Class B Misdemeanor (Ind. Code § 35-45-4-5(b)) · Voyeurism — by camera or prior conviction: Level 6 Felony (Ind. Code § 35-45-4-5(c)) · Public voyeurism — base offense: Class A Misdemeanor (Ind. Code § 35-45-4-5(d)) · Public voyeurism — prior conviction or publication/dissemination: Level 6 Felony (Ind. Code § 35-45-4-5(e)) · Remote aerial voyeurism — base offense: Class A Misdemeanor (Ind. Code § 35-45-4-5(g)) · Remote aerial voyeurism — prior conviction or publication/dissemination: Level 6 Felony (Ind. Code § 35-45-4-5(h))
What are the penalties for voyeurism; public voyeurism; aerial voyeurism in Indiana?
Penalties for voyeurism; public voyeurism; aerial voyeurism in Indiana depend on how it is classified — from a Class B Misdemeanor up to a Level 6 Felony — with the ranges set by Ind. Code § 35-50-3-3, Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2; the full table of ranges by variant is published on this page.
Which Indiana statute covers voyeurism; public voyeurism; aerial voyeurism?
Voyeurism; public voyeurism; aerial voyeurism is governed by Ind. Code § 35-45-4-5 (Voyeurism; public voyeurism; aerial voyeurism).
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.