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Filming a Person Engaged in a Private Act

Filming a Person Engaged in a Private Act is an offence under Section 91K of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.

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

  1. You filmed another person
  2. The person was engaged in a private act
  3. The filming was for your sexual arousal or sexual gratification
  4. You did not have consent to undertake the filming, and
  5. You knew you did not have consent to undertake the filming.

You must be found not guilty if the prosecution is unable to prove each of these ‘elements’.

The maximum penalty increases to 5 years in prison where:

  1. The person filmed was under the age of 16, or
  2. You installed a device for the purpose of the filming.

A ‘private act’ is defined as:

  1. A state of undress
  2. Using the toilet, showering or bathing
  3. A sexual act of a kind not ordinarily done in public, or
  4. Any other like activity.

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