Sec. 5. (a) The following definitions apply throughout
this section:
(1) "Camera" means a camera, a video camera, a device that
captures a digital image, or any other type of video recording
device.
(2) "Peep" means:
(A) any looking of a clandestine, surreptitious, prying, or
secretive nature; or
(B) using a concealed camera with the intent of capturing an
intimate image (as defined by IC 34-21.5-2-1).
(3) "Private area" means the naked or undergarment clad genitals,
pubic area, or buttocks of an individual.
(b) A person:
(1) who knowingly or intentionally:
(A) peeps; or
(B) goes upon the land of another with the intent to peep;
into an occupied dwelling of another person; or
(2) who knowingly or intentionally peeps in or into an area where
an occupant of the area reasonably can be expected to disrobe or
is actually expected to disrobe, including:
(A) restrooms;
(B) baths;
(C) showers; and
(D) dressing rooms;
without the consent of the other person, commits voyeurism, a Class B
misdemeanor.
(c) However, the offense under subsection (b) is a Level 6 felony if:
(1) it is knowingly or intentionally committed by means of a
camera; or
(2) the person who commits the offense has a prior unrelated
conviction under this section.
(d) A person who:
(1) without the consent of the individual; and
(2) with intent to peep at the private area of an individual;
peeps at the private area of an individual and records an image by
means of a camera commits public voyeurism, a Class A misdemeanor.
(e) The offense under subsection (d) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the image;
(2) makes the image available on the Internet; or
(3) transmits or disseminates the image to another person.
(f) It is a defense to a prosecution under subsection (d) that the
individual deliberately exposed the individual's private area.
(g) A person who, with the intent to peep, operates an unmanned
aerial vehicle in a manner that is intended to cause the unmanned aerial
vehicle to enter the space above or surrounding another person's
occupied dwelling for the purpose of capturing images, photographs,
video recordings, or audio recordings of the other person while the
other person is:
(1) within the other person's occupied dwelling; or
(2) on the land or premises:
(A) on which the other person's occupied dwelling is located;
and
(B) in a location that is not visible from an area:
(i) open to the general public; or
(ii) where a member of the general public has the right to be;
commits remote aerial voyeurism, a Class A misdemeanor.
(h) The offense under subsection (g) is a Level 6 felony if the person
has a prior unrelated conviction under this section or if the person:
(1) publishes the images, photographs, or recordings captured;
(2) makes the images, photographs, or recordings captured
available on the Internet; or
(3) transmits or disseminates the images, photographs, or
recordings captured to another person.
As added by P.L.311-1983, SEC.31. Amended by P.L.301-1995,
SEC.1; P.L.215-1997, SEC.2; P.L.7-2005, SEC.1; P.L.75-2011, SEC.1;
P.L.158-2013, SEC.529; P.L.107-2017, SEC.8; P.L.142-2020, SEC.72;
P.L.79-2024, SEC.3.
Notes of Decisions
Casady v. State, 934 N.E.2d 1181 (Ind. Ct. App. 2010).
· cites it 8× “Ind.Code § 35-45-4-5 (2004 & Supp.2010). The interpretation of a statute is a question of law reserved for the court and is reviewed de novo.”
Wallace v. State, 961 N.E.2d 529 (Ind. Ct. App. 2012).
· cites it 24× “Indiana Code section 35-45-4-5 provides in relevant part as follows: (b) A person: (1) who knowingly or intentionally: (A) peeps; or (B) goes upon the land of another with the intent to peep; into an occupied dwelling of another person; or (2) who knowingly or intentionally…”
Chiszar v. State, 936 N.E.2d 816 (Ind. Ct. App. 2010).
· cites it 6× “The trial court found Chiszar guilty as charged and sentenced him accordingly.”
David S. Delagrange v. State of Indiana, 5 N.E.3d 354 (Ind. 2014).
· cites it 4× “(codified at Ind.Code § 35-45-4-5(a) (Supp.2013) (defining "private area” as "the naked or undergarment clad genitals, pubic area, or buttocks of an individual.”
VanHorn v. State, 889 N.E.2d 908 (Ind. Ct. App. 2008).
· cites it 4× “See Ind.Code § 35-45-4-5 (providing, in part, that a person who peeps, or goes upon the land of another with the intent to peep into an occupied dwelling of another person, or who peeps into an area where an occupant reasonably can be expected to disrobe, without the consent of…”
Delagrange v. State, 951 N.E.2d 593 (Ind. Ct. App. 2011).
· cites it 2× “The State charged Delagrange with four counts of attempted child exploitation, all Class C felonies, Indiana Code sections 35-41-5-1 (1977) and 35-42-4-4(b) (2007); ten counts of voyeurism, all Class D felonies, Indiana Code section 35-45-4-5 (2005); and resisting law…”
United States v. Allan Johnson, 427 F.3d 423 (7th Cir. 2005).
“By his own admission, Johnson committed the offense of voyeurism under Ind. Code § 35-45-4-5 (a Class D felony under Indiana law) by videotaping the child in the shower, even though he was never charged with that crime.”
Saxton v. State, 790 N.E.2d 98 (Ind. 2003).
· cites it 4× “Ind.Code Ann. § 35-45-4-5(a) (West 1998).”
Neil C. Albee v. State of Indiana, 71 N.E.3d 856 (Ind. Ct. App. 2017).
· cites it 2× “Ind. Code § 35-45-4-5 . The offense is elevated from a Class B misdemeanor to a Level 6 felony if the person who commits the offense has a prior unrelated conviction under this section.”
Taccasia Porter v. State of Indiana, 82 N.E.3d 898 (Ind. Ct. App. 2017).
· cites it 2× “, Ind. Code § 35-45-4-5 (a)(3) (defining “private area,” for purpose of voyeurism statute, as “the naked or undergarment clad genitals, pubic area, or buttocks of an individual”); Ind.”
— Ind. Code § 35-45-4-5(a) — 4 cases
Casady v. State, 934 N.E.2d 1181 (Ind. Ct. App. 2010).
“Ind.Code § 35-45-4-5 (2004 & Supp.2010). The interpretation of a statute is a question of law reserved for the court and is reviewed de novo.”
David S. Delagrange v. State of Indiana, 5 N.E.3d 354 (Ind. 2014).
“(codified at Ind.Code § 35-45-4-5(a) (Supp.2013) (defining "private area” as "the naked or undergarment clad genitals, pubic area, or buttocks of an individual.”
Saxton v. State, 790 N.E.2d 98 (Ind. 2003).
“Ind.Code Ann. § 35-45-4-5(a) (West 1998).”
— Ind. Code § 35-45-4-5(a)(1) — 2 cases
Wallace v. State, 961 N.E.2d 529 (Ind. Ct. App. 2012).
“Indiana Code section 35-45-4-5 provides in relevant part as follows: (b) A person: (1) who knowingly or intentionally: (A) peeps; or (B) goes upon the land of another with the intent to peep; into an occupied dwelling of another person; or (2) who knowingly or intentionally…”
— Ind. Code § 35-45-4-5(a)(1)(A) — 1 case
Chiszar v. State, 936 N.E.2d 816 (Ind. Ct. App. 2010).
“The trial court found Chiszar guilty as charged and sentenced him accordingly.”
— Ind. Code § 35-45-4-5(a)(2) — 2 cases
Casady v. State, 934 N.E.2d 1181 (Ind. Ct. App. 2010).
“Ind.Code § 35-45-4-5 (2004 & Supp.2010). The interpretation of a statute is a question of law reserved for the court and is reviewed de novo.”
Wallace v. State, 961 N.E.2d 529 (Ind. Ct. App. 2012).
“Indiana Code section 35-45-4-5 provides in relevant part as follows: (b) A person: (1) who knowingly or intentionally: (A) peeps; or (B) goes upon the land of another with the intent to peep; into an occupied dwelling of another person; or (2) who knowingly or intentionally…”
— Ind. Code § 35-45-4-5(a)(3) — 1 case
— Ind. Code § 35-45-4-5(a)(l) — 1 case
— Ind. Code § 35-45-4-5(b) — 3 cases
Wallace v. State, 961 N.E.2d 529 (Ind. Ct. App. 2012).
“Indiana Code section 35-45-4-5 provides in relevant part as follows: (b) A person: (1) who knowingly or intentionally: (A) peeps; or (B) goes upon the land of another with the intent to peep; into an occupied dwelling of another person; or (2) who knowingly or intentionally…”
Chiszar v. State, 936 N.E.2d 816 (Ind. Ct. App. 2010).
“The trial court found Chiszar guilty as charged and sentenced him accordingly.”
Saxton v. State, 790 N.E.2d 98 (Ind. 2003).
“Ind.Code Ann. § 35-45-4-5(a) (West 1998).”
— Ind. Code § 35-45-4-5(b)(2) — 1 case
— Ind. Code § 35-45-4-5(b)(l)(A) — 1 case
— Ind. Code § 35-45-4-5(d) — 2 cases
David S. Delagrange v. State of Indiana, 5 N.E.3d 354 (Ind. 2014).
“(codified at Ind.Code § 35-45-4-5(a) (Supp.2013) (defining "private area” as "the naked or undergarment clad genitals, pubic area, or buttocks of an individual.”
— Ind. Code § 35-45-4-5(d)(2) — 1 case
— Ind. Code § 35-45-4-5(e)(l) — 1 case
— Ind. Code § 35-45-4-5(g)(1) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.