What the law states
The offence of filming another person engaged in a private act is outlined in section 91K of the Crimes Act 1900 (NSW).
Any person who films another person engaged in a private act without the consent of the person being filmed to being filmed for that purpose and knowing that the person being filmed does not consent to being filmed for that purpose is guilty of an offence. The filming must be done by the accused in order to obtain or for others to obtain sexual arousal or sexual gratification.
Filming is defined by the Crimes Act as causing one or more images (whether still or moving) of the other person or the other person's private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).
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.
In which court would this offence be heard?
This is an offence which would be heard in the Local Court, as it is a summary offence.
Penalty
The maximum penalty for this offence is $11,000 or 2 years imprisonment or both. If aggravating circumstances are present, the maximum penalty is significantly increased to imprisonment for 5 years.
Aggravating circumstances include:
- the person whom the offender filmed was a child under the age of 16 years;
- the offender constructed or adapted the fabric of any building for the purpose of facilitating 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.