Recording An Intimate Image Without Consent
Recording An Intimate Image Without Consent is an offence under Section 91P of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You intentionally recorded an intimate image of another person
- Without that person’s consent
- Knowing the other person did not consent, or being reckless as to whether they were consenting.
An ‘intimate image’ is defined as:
- A person’s private parts, or a person engaged in a private act, or
- An image altered to appear to show a person’s private parts, or
- The person engaged in a private act, where a reasonable person would expect to be afforded privacy.
‘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.
‘Private Act’ is defined as :
- A state of undress, or
- Using the toilet, showering or bathing, or
- A sexual act of a kind not ordinarily done in public, or
- Any other like activity.
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