In recent times, the law has had to adapt to changes in technology by creating new technology-related offences.
Section 91M is one such provision, which deals with the offence of “installing device to film.”
It says that where you install a device, or adapt or embed a device into a building with the intention of filming someone’s private parts or private actions without their consent, you could face a maximum penalty of 2 years imprisonment and/or a fine of up to $11,000.
A “private act” is any act which involves a person being undressed – such as using the toilet, showing, bathing or engaging in a sexual act.
“Private acts” may also include acts that a reasonable person would expect to perform in private, away from prying eyes.
This offence is a summary offence, which means that it will be heard in the Local Court before a magistrate.
While the maximum penalties for this offence are obviously harsh, it is important to remember that they are maximums and will therefore only apply in the most serious cases.
Our expert defence team can assist you in avoiding these onerous penalties by advising you of your options when it comes to fighting the charges, or delivering persuasive sentencing submissions should you wish to plead guilty.
Section 91M of the Crimes Act deals with the offence of “installing device to facilitate observation or filming” and reads as follows:
91M Installing device to facilitate observation or filming
(1) Offence: A person who, with the intention of enabling that person or any other person to commit an offence against section 91J, 91K or 91L, installs any device, or constructs or adapts the fabric of any building, for the purpose of facilitating the observation or filming of another person, is guilty of an offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2) An offence against this section is a summary offence.
(3) Alternative verdict: If on the trial of a person charged with an offence against section 91J, 91K or 91L the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against this section, the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against this section. The person is liable to punishment accordingly.
Why Sydney Criminal Lawyers®?
Having the right legal team on your side can make all the difference when it comes to fighting and winning your “installing device with intent to film” case.
At Sydney Criminal Lawyers®, we understand how valuable your reputation and future is – which is why we fight hard to obtain excellent results, even in the most difficult cases.
In every matter, we carefully examine all the evidence to find deficiencies with the prosecution case – if raised at an early stage in proceedings, we can push to have the charges dropped on this basis – sparing you the time and inconvenience of a defended hearing.
Where the prosecution refuses to drop the charges, our expert lawyers will work hard to build a strong defence case, by collecting and presenting all favourable evidence in a positive light and examining all relevant witnesses.
We can also help you raise any defences to the charges – for example, where you were unaware that the device was being used to observe a private act or someone’s private parts, or where the other person had given you consent to film them.
Our lawyers have years of experience fighting these types of cases and consistently obtain results better than those achieved by any other law firm.
We can also assist if you simply wish to accept the allegations against you and plead guilty – in these situations, our senior lawyers can prepare and present compelling sentencing submissions which persuade the magistrate to deal with the matter leniently.
Where there is evidence of positive factors such as your good character or a lack of prior offending, our lawyers will strive to obtain a ‘section 10 dismissal or conditional release order,’ which is where you are found guilty of the offence but no conviction is recorded on your criminal record.
This means that you are free to get on with your life as soon as possible.
For the best defence in your “installing device with intent to film” case, call the experts at Sydney Criminal Lawyers® on (02) 9261 8881 and book your FREE first conference today.