What the law states
Filming of anybody without consent is not acceptable in a society such as ours and so filming another person’s private parts is completely unacceptable and illegal.
Section 91L of the Crimes Act 1900 (NSW) states that it is an offence for a person to, for the purpose of obtaining, or enabling another person to obtain sexual arousal or sexual gratification, films another person's private parts, in circumstances in which a reasonable person would reasonably expect the person's private parts could not be filmed 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.
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).
Penalties
The maximum penalty for this offence is $11,000 or imprisonment for 2 years or both. If any circumstances of aggravation are present, the maximum penalty is substantially increased to imprisonment for 5 years.
Circumstances of aggravation include when the person whom the offender filmed was a child under the age of 16 years, or 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.