Privacy Law Library

Unlawful Photography, Surveillance, and Tracking on Private Property

IN Unlawful Surveillance and Tracking

Location · Other

Indiana makes it a crime to leave recording cameras or surveillance equipment on someone else's private property without the owner's or tenant's consent. It is also a crime to place a tracking device on a person or their property without that person's knowledge or consent. Exceptions cover law enforcement with a warrant, family-member tracking (unless a protective order applies), owners of the tracked property, factory-installed vehicle equipment, and communications providers whose tracking is disclosed in their terms or privacy policy.

Where
Indiana
Citation
Ind. Code 35-46-8.5-1
Status
In force
Enforced by
County prosecutors
People can sue
No
Penalties
Class A misdemeanor; Level 6 felony with a prior conviction for this offense, domestic violence, stalking, or invasion of privacy, or if the person is subject to a protective order (IC 35-46-8.5-1(c)-(d)).
Applies to
  • Any person placing unattended cameras or surveillance equipment on another's private property, or a tracking device on an individual or their property (IC 35-46-8.5-1(c))

Practices it requires

  • Do not place an unattended recording camera or surveillance equipment on another's private property without the owner's or tenant's consent.IC 35-46-8.5-1(c)(1)
  • Do not place a tracking device on an individual, or on property the individual owns or uses, without the individual's knowledge or consent.IC 35-46-8.5-1(c)(2) · Only if: Exceptions include tracking a family member, property one owns or has a contract interest in (both unless the tracker is subject to a protective order), OEM vehicle devices, and disclosed tracking by electronic communications providers (IC 35-46-8.5-1(a))

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The effective dates of P.L.170-2014 (original) and P.L.172-2023 (latest amendment) were not confirmed.

Research reference, not legal advice.