Interception of Telephonic or Telegraphic Communications (Indiana wiretap act)
IN Wiretap Act
Communications
Indiana's wiretap law is a one-party consent statute. 'Interception' means acquisition by someone who is neither a sender nor a receiver and lacks the consent of the sender or receiver, so a participant may record, or another person may record with one party's consent. The article also sets the warrant process for law enforcement wiretaps. It is framed around communications transmitted by wire, radio, or similar systems; purely in-person conversations are not expressly addressed by the definition.
- Where
- Indiana
- Citation
- Ind. Code art. 35-33.5 (IC 35-33.5-1-1 to 35-33.5-5-6); definition of 'interception' at IC 35-31.5-2-176
- Status
- In force
- Enforced by
- County prosecutors (criminal); private civil actions
- People can sue
- Yes
- Penalties
- Unlawful interception is a Level 5 felony (IC 35-33.5-5-5(b)). Victims may sue for the greater of actual damages, $100 per day of violation, or $1,000, plus costs, punitive damages, and attorney's fees, within two years (IC 35-33.5-5-4).
- Applies to
- Any person who intentionally records or acquires the contents of an electronic communication (any signs, signals, writing, images, sounds, data, or oral communication transmitted in whole or part by wire, radio, or electromagnetic or photo-optical system, including computer and fax transmissions) when not a sender or receiver and without the consent of the sender or receiver (IC 35-31.5-2-110, 35-31.5-2-176)
Practices it requires
- Do not intentionally record or acquire the contents of another's electronic communication unless you are a sender or receiver or have the consent of the sender or receiver.IC 35-31.5-2-176; IC 35-33.5-5-5(b)
- Do not disclose or use communications intercepted in violation of the article; doing so creates civil liability.IC 35-33.5-5-4(a)
Other duties
- Electronic communication service providers and others that provide assistance under a warrant are immune from liability.IC 35-33.5-5-6
Sources
- Official text
- Indiana Code 2026, Title 35, Article 33.5 and IC 35-31.5-2-110, -176 (Indiana General Assembly)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The P.L.161-1990 original effective date and the latest amendment date (P.L.161-2018, which touched a reporting section) were not confirmed. | Whether Indiana courts apply the statute to in-person oral conversations was not researched.
Research reference, not legal advice.