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Aggravated Filming of a Person’s Private Parts

Aggravated Filming of a Person’s Private Parts is an offence under section 91L(2) of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You filmed another person’s private parts
  2. You did so without the other person’s consent
  3. You knew the other person did not consent
  4. You did so to obtain, or enable another person to obtain, sexual arousal or sexual gratification
  5. The circumstances were such that a reasonable person would not expect their private parts to be filmed, and
  6. The offence occurred in circumstances of aggravation.

‘Private parts’ is defined as:

The genital or anal area, whether bare or covered by underwear, or the breasts of a female, or transgender or intersex person identifying as female whether or not the breasts are developed.

‘Circumstances of aggravation’ exist where:

  1. The person you filmed was under the age of 16 years, or
  2. You constructed or adapted a building to facilitate the offence.

You may be found guilty if you attempted to commit the offence but failed.

Duress is a defence to the charge.

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