Invasion of Privacy in Indiana
Anyone who is subject to a no-contact or protective order in Indiana must understand that choosing to violate that order could result in them being charged with invasion of privacy in Indiana. This is a very serious criminal offense and could lead to harsh penalties, including jail time. Given this, it’s vital to have some knowledge as to what constitutes a violation of a no-contact, protective, or restraining order in Indiana.
If you have questions about an order placed against you, or fear that you may be charged with invasion of privacy in Indiana, the criminal defense and protective order defense attorneys at Keffer Hirschauer LLP are here to assist you. Our team, led by two former deputy prosecutors, understands Indiana law inside and out, and can help safeguard your rights. To speak with an attorney today, call 317-857-0160 or complete our online contact form to schedule a free consultation.
What is Invasion of Privacy in Indiana?
The definition in Indiana Code for invasion of privacy can be found in Indiana Code 35-46-1-15.1, which generally defines the offense as knowingly or intentionally violating a protective order, workplace violence restraining order, a no-contact order, or an order issued in another state that is of the same nature. Specifically, these orders include:
- A protective order to prevent domestic or family violence or harassment
- An ex parte protective order
- A workplace violence restraining order
- A no-contact order in a dispositional decree or an order that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child
- A no-contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion
- A no-contact order issued as a condition of probation
- A protective order to prevent domestic or family violence
- A protective order to prevent domestic or family violence in a paternity action
- An order issued in another state that is substantially similar to an order listed above
- An order issued in another state that is substantially similar to an order listed above that was issued by an Indiana tribe, band, pueblo, nation, or organized group or community
- An order issued as a part of a pre-trial risk assessment or as part of a criminal sentence
In addition, a sex offender in Indiana may be charged with invasion of privacy if they establish a new residence within a one-mile radius of their victim. However, they must intend to reside at the residence and have had reasonable knowledge that the residence was within one mile of their victim’s residence.
Potential Jail Time for Invasion of Privacy in Indiana
When someone commits invasion of privacy in Indiana, they’re often charged with a Class A misdemeanor. Per the Indiana Sentencing Guidelines, a conviction for this level of offense could result in up to one year in prison and fines of up to $5,000. There are, however, two circumstances under which a person may be charged with a Level 6 Felony in Indiana for invasion of privacy. This may occur when a person has a past, unrelated conviction for invasion of privacy and when they have a past, unrelated conviction for stalking in Indiana. As stated in the sentencing guidelines, a Level 6 felony conviction could lead to a prison sentence of up to 3 years and fines of up to $10,000.
When a sex offender commits the offense of invasion of privacy in Indiana, they’ll often be charged with a Class A misdemeanor. However, this charge may also be elevated to a Level 6 felony if the offender has a previous, unrelated conviction for invasion of privacy.
Facing an Invasion of Privacy Charge in Indiana?
Whether you’re facing an invasion of privacy charge in Indiana, or worry that your actions may warrant charges, the Indianapolis criminal defense attorneys at Keffer Hirschauer LLP stand ready to defend you. The former deputy prosecutors at our firm know both sides of the criminal justice system, understand the local court across the state, and have extensive experience in negotiation as well as inside the courtroom. We will work diligently towards securing the best results in the case against you and provide you with high-quality, dedicated criminal defense aimed at protecting both your rights and your future.