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Writer's pictureBrandon Hicks

Indiana Voyeurism Law 35-45-4-5

In a world where technology continues to advance, ensuring the protection of our personal privacy becomes increasingly vital. Voyeurism, the act of invading someone's privacy by peeping or capturing images without consent, is a serious offense that can have significant legal consequences. At B. Hicks Law, we are committed to defending the rights of individuals facing charges related to voyeurism, providing expert legal counsel to navigate through Indiana's intricate legal landscape. Understanding Indiana's Voyeurism Laws Indiana Code 35-45-4-5 outlines the state's laws regarding voyeurism, encompassing offenses such as public voyeurism, aerial voyeurism, and more. Let's break down the key components of this statute. Definitions The law provides specific definitions crucial to understanding its scope:

  1. Camera: Encompassing a wide range of devices, including cameras, video cameras, and digital image-capturing devices.

  2. Peep: Described as any form of clandestine, surreptitious, prying, or secretive looking.

  3. Private Area: Refers to the naked or undergarment-clad genitals, pubic area, or buttocks of an individual.

Offenses and Penalties Voyeurism (IC 35-45-4-5(b))

  • Class B Misdemeanor: Peeping into an occupied dwelling or an area where an occupant can reasonably be expected to disrobe without consent.

  • Level 6 Felony: Elevates the offense if committed using a camera or if the offender has a prior unrelated conviction.

Public Voyeurism (IC 35-45-4-5(d))

  • Class A Misdemeanor: Recording an image of an individual's private area without consent.

  • Level 6 Felony: Applies if the offender has a prior unrelated conviction or publishes, shares on the Internet, or disseminates the captured image.

Remote Aerial Voyeurism (IC 35-45-4-5(g))

  • Class A Misdemeanor: Operating an unmanned aerial vehicle with the intent to capture images of a person within their dwelling or on their property without visibility from a public area.

  • Level 6 Felony: Elevates the offense if the offender has a prior unrelated conviction or publishes, shares on the Internet, or disseminates the captured images.

Defenses

  • The law recognizes a defense to public voyeurism if the individual deliberately exposed their private area.

How B. Hicks Law Can Help If you or someone you know is facing voyeurism charges in Indiana, it's crucial to seek legal representation promptly. B. Hicks Law is here to provide expert defense strategies tailored to the nuances of voyeurism laws in the state. Our experienced attorneys understand the complexities of these cases and are committed to protecting your rights. Contact B. Hicks Law today to schedule a consultation and ensure you have a strong defense against voyeurism charges. Your privacy matters, and we are here to fight for it.


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