Indiana criminal charge
Unlawful recording; defense in Indiana
Unlawful recording; defense is a criminal offense under Indiana law, defined by Ind. Code § 35-46-8-4. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-46-8-4.
What is the penalty for unlawful recording; defense in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Fine | up to $500 (Unlawful recording (first offense) — A person knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with intent to transmit or record a motion picture, with no prior related adjudication or conviction within the previous five years.; civil judgment, not a criminal conviction (IC 34-28-5); no jail; IC 34-28-5-4(f) exceptions may set a different amount) | discretionary | Ind. Code § 34-28-5-4 |
| Jail / prison | up to 180 days (Unlawful recording (repeat offense) — The person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-3 |
| Fine | up to $1,000 (Unlawful recording (repeat offense) — The person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years.) | discretionary | Ind. Code § 35-50-3-3 |
Applies to current.
How is unlawful recording; defense classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful recording (first offense) | Class C Infraction | A person knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with intent to transmit or record a motion picture, with no prior related adjudication or conviction within the previous five years. | Ind. Code § 35-46-8-4(a) |
| Unlawful recording (repeat offense) | Class B Misdemeanor | The person has a prior unrelated adjudication or conviction for a violation of this section within the previous five years. | Ind. Code § 35-46-8-4(a) |
Common questions about unlawful recording; defense in Indiana
Is unlawful recording; defense a felony or a misdemeanor in Indiana?
It depends on the circumstances: unlawful recording; defense ranges from a Class C Infraction to a Class B Misdemeanor in Indiana under Ind. Code § 35-46-8-4.
Unlawful recording (first offense): Class C Infraction (Ind. Code § 35-46-8-4(a)) · Unlawful recording (repeat offense): Class B Misdemeanor (Ind. Code § 35-46-8-4(a))
What are the penalties for unlawful recording; defense in Indiana?
Which Indiana statute covers unlawful recording; defense?
Unlawful recording; defense is governed by Ind. Code § 35-46-8-4 (Unlawful recording; defense).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.