Privacy · Recording Consent
Is It Legal to Record a Call in Indiana?
Whether you can record a conversation in Indiana, whether everyone must consent, the exceptions, the criminal penalty, and the trap that catches interstate calls. Cited to the statute.
The rules and exceptions in Indiana
Whose consent you need, when the rule does not apply, and the penalty for getting it wrong.
| The rule in this state | What it means |
|---|---|
| Offense turns on non-participation | An "interception" under § 35-31.5-2-176 requires "a person other than a sender or receiver." Recording a call you are on is not an interception at all, so the offense never attaches to a participant. |
| Phone and electronic only | The governing article is titled Interception of Telephonic or Telegraphic Communications, and the definition covers electronic communication, expressly including recording through a computer or fax machine. |
| No general in-person eavesdropping ban | Chapter 35-33.5 does not reach purely in-person oral conversations. There is no Indiana analogue to the "oral communication" prong found in neighboring states, so secretly recording a face-to-face conversation falls outside this article. |
| Illegal recording is a felony | Under § 35-33.5-5-5(b), knowingly or intentionally intercepting a communication is unlawful interception, a Level 5 felony carrying one to six years and a fine up to $10,000. |
| When it is different | What it means |
|---|---|
| Sender, receiver, or their consent | Being a sender or receiver, or the consent of a sender or receiver, is built into the definition of interception, so a participant is outside the offense. |
| Interceptions authorized under federal law | Section 35-33.5-5-5(a) says the section does not apply to a person who makes an interception authorized under federal law, effectively importing the federal one-party rule. |
| Public or unencrypted radio | The definition excludes recording a radio transmission that is not scrambled or encrypted and is publicly transmitted, functioning as a publicly audible exception. |
What you can do right now
Concrete, neutral steps before you record a conversation in Indiana. This is legal information, not legal advice.
- Confirm you are a sender or receiver
If you are a party to the Indiana call or electronic communication, there is no interception. You do not need the other side's consent.
- Understand the in-person gap
Indiana's wiretap act covers phone and electronic communications only. Recording a face-to-face conversation is outside this article, though other laws and common-law privacy rules may still apply.
- Watch the two-year civil clock
If someone recorded your calls illegally, § 35-33.5-5-4 offers strong damages but requires filing within two years of the interception. Do not wait.
- Talk to an Indiana attorney if you are accused
Unlawful interception is a Level 5 felony. A licensed Indiana attorney can assess the sender-receiver and federal-authorization questions. The Indiana Attorney General's office can point you to resources.
Illegal recording can be a felony. If you have been recorded without consent, or are accused of it, this resource can connect you with a licensed attorney.
→ Indiana Attorney GeneralThis is general legal information, not legal advice. The expectation of privacy, the purpose of a recording, and interstate calls can change the answer, so confirm your situation with a licensed attorney.
What people get wrong about recording in Indiana
Indiana's wiretap law has a hole most state summaries miss. The statute that makes Indiana "one-party consent" governs telephone and electronic communications only, so it says nothing at all about secretly recording a face-to-face conversation. The governing article is literally titled Interception of Telephonic or Telegraphic Communications, and the operative definition in IC 35-31.5-2-176 speaks only of electronic communication. Indiana has no general in-person eavesdropping statute comparable to its neighbors, so a source that calls Indiana simply a one-party state without noting that gap is giving an incomplete answer. On the communications the article does cover, the rule is clean. An "interception" requires a person "other than a sender or receiver," so recording a call you are on is not an interception and the offense never attaches. Indiana also imports the federal one-party rule directly through § 35-33.5-5-5(a), which exempts any interception authorized under federal law. Illegal interception is a Level 5 felony, reflecting Indiana's 2014 criminal code recodification, so older sources describing a Class D felony are out of date. The civil statute gives the news media an express affirmative defense, a rare provision, and puts a hard two-year clock on any civil claim under § 35-33.5-5-4.
Common questions
Can I record my own phone call in Indiana without telling the other person?
Yes. Indiana is a one-party state, and an "interception" requires a person other than a sender or receiver. As a party you are a sender or receiver, so recording your own call is not an interception at all.
Is it legal to secretly record an in-person conversation in Indiana?
Indiana's wiretap act covers only telephone and electronic communications, so secretly recording a face-to-face conversation falls outside that statute. Other laws and common-law privacy rules may still apply, so this is a question for a licensed attorney.
How much can I sue for, and how long do I have, if someone recorded my calls illegally in Indiana?
Under § 35-33.5-5-4 you may recover the greater of actual damages, $100 a day, or $1,000, plus court costs, punitive damages, and attorney fees. You must bring the action within two years of the interception.
Is illegal recording a felony in Indiana?
Yes. Unlawful interception is a Level 5 felony under § 35-33.5-5-5(b), carrying a fixed term of one to six years, an advisory sentence of three years, and a fine of up to $10,000.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.