Under section 91L of the Crimes Act 1900, it is an offence to film another person’s private parts to obtain sexual arousal or gratification, in circumstances where the reasonable person would expect the person’s private parts could not be filmed. Without consent of person being filmed for that purpose and knowing that the person being filmed does not consent would give rise to an expectation that the person cannot be filmed.
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Circumstances of aggravation
This offence is normally a summary offence, meaning it will usually be dealt with in the Local Court. However, if the person who was filmed was a child under the age of 16 or the offender constructed or adapted the fabric of a building to facilitation the commission of the offence, the matter may be dealt with in the Local or District Court.
If the offender is found guilty of this offence, the penalty may be up to $11,000 and/or 2 years imprisonment.
If the court finds that there are circumstances of aggravation, the maximum penalty is imprisonment for 5 years.
Depending on the circumstances, there are two defences that may apply:
- The court would have to be satisfied that the purpose of filming private parts was not for sexual arousal or gratification, or
- That you reasonably believed that the person was consenting to being filmed for sexual arousal or gratification. This defence, however, will not apply if it was child that was being filmed.