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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:

  1. You intentionally recorded an intimate image of another person
  2. Without that person’s consent
  3. Knowing the other person did not consent, or being reckless as to whether they were consenting.

An ‘intimate image’ is defined as:

  1. A person’s private parts, or a person engaged in a private act, or
  2. An image altered to appear to show a person’s private parts, or
  3. The person engaged in a private act, where a reasonable person would expect to be afforded privacy.

‘Private parts’ is defined as:

  1. The genital or anal area, whether bare or covered by underwear, or
  2. 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 :

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

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