Comprehensive Overview (state-by-state) of the Legal Impact of wiretapping:
Indiana is an “one party consent state” with regard to interception and recording of personal conversations or communications. Violation of the statute leads to both civil and criminal penalties. The law addressing the illegal video recording of other persons without their consent is focused on voyeurism, although it also criminalizes trespassing on private property.
Impact of law
Indiana allows the recording of a communication by someone who is a party to that communication or has received prior consent from one party to that communication. In other words, anyone can record his or her private conversations without the consent or without notifying the other parties.
With regard to personal surveillance, the law only addresses the case of voyeurism, when someone, intentionally, looks or records in a clandestine, surreptitious, prying, or secretive nature another person in a place where such person can be expected to disrobe. The law does not set any explicit nudity or sexual context to this action, thus it could be argued that the definition of “area where the person can be expected to disrobe” is used to highlight the breach of privacy.
References to Physical TSCM
In the given definition for the term “interception”, the law mentions “any instrument, device, or equipment”, with additional specific reference to computers or fax (facsimile transmission) machines.
References to Cyber TSCM
The law defines electronic communications as any transfer of signs, signals, digital information or intelligence of any nature. Interception is then put into context as the unauthorized acquisition of contents of electronic communications. We can assert that both definitions converge to include common means of cyber surveillance, used for illegal eavesdropping.
A person who knowingly or intentionally intercepts a communication in violation of Indiana law commits a Level 5 felony, that is punishable by imprisonment for a fixed term of between one and six years and additionally, a fine of not more than ten thousand dollars ($10,000).
Violations of the voyeurism law are considered class A misdemeanors and level 6 felonies when video-camera devices are used. Class A misdemeanors are punishable by up to 1 years of imprisonment and up to $5,000 fine. The punishment for level 6 felonies is between 6 months and two and one-half years of imprisonment and up to $10,000 fine.
Any person who has been a victim of illegal interception is has a civil cause of action against the perpetrator and is entitled to recover actual damages, liquidated damages at a minimum of $1,000, punitive damages, court costs and attorney’s fees.
IC 35-31.5-2-176 “Interception”
“Interception”, for purposes of IC 35-33.5, means the intentional recording or acquisition of the contents of an electronic communication by a person other than a sender or receiver of that communication, without the consent of the sender or receiver, by means of any instrument, device, or equipment under this article. This term includes the intentional recording or acquisition of communication through the use of a computer or a fax (facsimile transmission) machine.
IC 35-31.5-2-110 “Electronic communications”, for purposes of IC 35-33.5, means any transfer of signs, signals, writing, images, sounds, data, oral communication, digital information, or intelligence of any nature transmitted in whole or in part by a wire, a radio, or an electromagnetic, a photoelectronic, or a photo-optical system.
(b) A person who knowingly or intentionally intercepts a communication in violation of this article commits unlawful interception, a Level 5 felony.
(b) A person who commits a Level 5 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
IC 35-33.5-5-4 Violations; cause of action; damages and costs; defenses; statute of limitations
(a) A person whose communications are intercepted, disclosed, or used in violation of this article:
(1) has a civil cause of action against a person who intercepts, discloses, uses, or procures another person to intercept, disclose, or use a communication in violation of this article; and
(2) is entitled to recover from that person the following:
(A) The greater of:
(i) actual damages;
(ii) liquidated damages computed at a rate of one hundred dollars ($100) each day for each day of violation; or
(iii) one thousand dollars ($1,000).
(B) Court costs (including fees).
(C) Punitive damages, when determined to be appropriate by the court.
(D) Reasonable attorney’s fees.
IC 35-45-4-5 Voyeurism; public voyeurism
Sec. 5. (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 any looking of a clandestine, surreptitious, prying, or secretive nature. (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 into an area where an occupant of the area reasonably can be expected to disrobe, including: restrooms, baths, showers, and 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;
(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.