Can I legally record a phone call or conversation in Indiana?

Indiana's Wire and Electronic Communications Interception statute parallels federal law.

1. Consent Rule

Ind. Code § 35-33.5-5-5 makes it a crime to knowingly or intentionally intercept wire or electronic communications. Indiana code defines "interception" at § 35-33.5-1-5 in terms that exclude a person who is a party to the communication or who has the consent of one party — Indiana is one-party consent for telephone/electronic communications.

2. Federal Overlay

Federal Wiretap Act 18 U.S.C. § 2511 matches Indiana's one-party standard.

3. In-Person vs Electronic

The Indiana wiretap statute focuses on wire and electronic communications; in-person oral conversations are addressed under common-law privacy and Ind. Code § 35-46-8.5 (criminal voyeurism and recording). Most face-to-face recordings by a participant are not criminalized unless they invade a private place.

4. Cross-Border Calls

When the other party is in an all-party state, courts often apply the stricter state's law. Indiana residents should disclose recording when calling FL, CA, IL, MA, MD, PA, or WA parties.

5. Criminal Penalties

Violation of § 35-33.5-5-5 is a Level 6 felony — 6 months to 2.5 years prison and a fine up to $10,000. Disclosure or use of illegally intercepted material is also a Level 6 felony.

6. Civil Liability

Ind. Code § 35-33.5-5-4 provides civil action for actual damages, punitive damages, and reasonable attorney fees and litigation costs. Federal § 2520 provides $10,000 or $100/day plus fees.

7. Exceptions

Party consent or one-party consent; law enforcement under court order under § 35-33.5-2-1; service provider monitoring; FCC-authorized interception; emergency situations.

8. Video / Surveillance

Ind. Code § 35-45-4-5 (voyeurism) is a Class A misdemeanor, Level 6 felony if a camera is used in a private place.

This is legal information, not legal advice.