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Aggravated Voyeurism

Aggravated Voyeurism is an offence under section 91J(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 observed a person engaged in a private act
  2. You did so without the person’s consent
  3. You knew the person did not consent
  4. You did so for the purpose of obtaining sexual arousal or sexual gratification, and
  5. The conduct occurred in circumstances of aggravation.

A person is ‘engaged in a private act’ if:

  1. He or she is in a state of undress, using the toilet, showering, bathing, or engaged in a sexual act or like activity, or
  2. A reasonable person would expect to be afforded privacy in the circumstances.

‘Circumstances of aggravation’ exist where:

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

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence.

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