New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 91K

91K Filming a person engaged in private act

(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act--

(a) without the consent of the person being filmed to being filmed for that purpose, and

(b) knowing that the person being filmed does not consent to being filmed for that purpose,

is guilty of an offence.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(2) An offence against subsection (1) is a summary offence.

(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act--

(a) without the consent of the person being filmed to being filmed for that purpose, and

(b) knowing that the person being filmed does not consent to being filmed for that purpose, and

(c) in circumstances of aggravation,

is guilty of an offence.

: Maximum penalty--imprisonment for 5 years.

(4) In this section,
"circumstances of aggravation" means circumstances in which--

(a) the person whom the offender filmed was a child under the age of 16 years, or

(b) the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.

(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.

(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.