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Installing a Device to Facilitate Observation or Filming

Installing a device to facilitate observation or filming is an offence under section 91M 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 installed a device, or constructed or adapted the fabric of a building, and
  2. You did so intending to commit, or enabling another to commit

The offence of voyeurism under section 91J, or the offence of filming a person engaged in a private act under section 91K, or the offence of filming a person’s private parts under section 91L.

Duress is a defence to the charge.

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