What the law states
The offence of voyeurism is outlined in section 91J of the Crimes Act 1900 (NSW) and includes:
A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act without the consent of the person being observed to being observed for that purpose, and knowing that the person being observed does not consent to being observed for that purpose.
A private act includes when a person is in the state of undress, in the toilet, showering or bathing, engaged in a sexual act of a kind not ordinarily done in public or engaged in any other like activity and in circumstances in which a reasonable person would reasonably expect to be afforded privacy.
The level of severity of the offence of voyeurism is increased should any circumstances of aggravation be present. These circumstances include:
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When the person whom the offender observed was a child under the age of 16 years
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The offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
Penalties
Should a circumstance of aggravation be present upon commission of the offence of voyeurism, the maximum penalty is 5 years imprisonment. Any attempt at committing this offence will incur the penalty imposed for the commission of the offence.
How can Prime Lawyers help you?
If you have been charged with this offence, our experienced and knowledgeable criminal lawyers can help you. They will carefully examine the facts of you case and do all that they can to obtain the best result for you.