Ind. Code ch. 35-46-8

Ind. Code ch. 35-46-8
in effect

Ind. Code § 35-46-8-1 Application

Sec. 1. This chapter does not apply to a law enforcement officer acting within the scope of the officer's employment. As added by P.L.94-2005, SEC.6.

Ind. Code § 35-46-8-2 "Audiovisual recording device"

Sec. 2. As used in this chapter, "audiovisual recording device" means: (1) a digital or an analog photographic or video camera; or (2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work; regardless of whether audiovisual recording is the sole or primary purpose of the device. As added by P.L.94-2005, SEC.6.

Ind. Code § 35-46-8-3 "Motion picture exhibition facility"

Sec. 3. (a) As used in this chapter, "motion picture exhibition facility" means: (1) an indoor or outdoor screening venue; or (2) any other premises; where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is charged. (b) The term does not include a dwelling. As added by P.L.94-2005, SEC.6.

Ind. Code § 35-46-8-4 Unlawful recording; defense

Sec. 4. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to transmit or record a motion picture commits unlawful recording, a Class C infraction. However, the violation is a Class B misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years. (b) It is a defense to a prosecution under this section that the accused person had the written permission of the motion picture exhibition facility owner to transmit or record the motion picture. As added by P.L.94-2005, SEC.6. Amended by P.L.32-2019, SEC.41.

Ind. Code § 35-46-8-5 Additional penalties

Sec. 5. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of: (1) all unauthorized copies of motion pictures or other audiovisual works; and (2) any audiovisual recording devices or other equipment used in connection with the offense. As added by P.L.94-2005, SEC.6.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/35Fetched: 10/17/2026