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Filming a Person’s Private Parts

Filming a Person’s Private Parts is an offence under section 91L(1) 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’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, and
  5. The circumstances were such that a reasonable person would not expect their private parts to be filmed

‘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.

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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