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Contents (1900 - 40)
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Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 17 October 2017 at 18:49)
Part 3 Division 15B
Division 15B Voyeurism and related offences
91I   Definitions
(1)  In this Division:
building includes a vehicle, vessel, tent or temporary structure.
private parts means:
(a)  a person’s genital area or anal area, whether bare or covered by underwear, or
(b)  the breasts of a female person, or transgender or intersex person identifying as female.
(2)  For the purposes of this Division, a person is engaged in a private act if:
(a)  the person is in a state of undress, using the toilet, showering or bathing, engaged in a sexual act of a kind not ordinarily done in public, or engaged in any other like activity, and
(b)  the circumstances are such that a reasonable person would reasonably expect to be afforded privacy.
(3)  For the purposes of this Division, a person films another person, or another person’s private parts, if the person causes one or more images (whether still or moving) of the other person or the other person’s private parts to be recorded or transmitted for the purpose of enabling the person or a third person to observe those images (whether during the filming or later).
91J   Voyeurism
(1) General offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act:
(a)  without the consent of the person being observed to being observed for that purpose, and
(b)  knowing that the person being observed does not consent to being observed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining sexual arousal or sexual gratification, observes a person who is engaged in a private act:
(a)  without the consent of the person being observed to being observed for that purpose, and
(b)  knowing that the person being observed does not consent to being observed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender observed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
91K   Filming a person engaged in private act
(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person who is engaged in a private act:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender filmed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
91L   Filming a person’s private parts
(1) General offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose,
is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against subsection (1) is a summary offence.
(3) Aggravated offence A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would expect that his or her private parts could not be filmed:
(a)  without the consent of the person being filmed to being filmed for that purpose, and
(b)  knowing that the person being filmed does not consent to being filmed for that purpose, and
(c)  in circumstances of aggravation,
is guilty of an offence.
Maximum penalty: imprisonment for 5 years.
(4)  In this section, circumstances of aggravation means circumstances in which:
(a)  the person whom the offender filmed was a child under the age of 16 years, or
(b)  the offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
(5) Alternative verdict If on the trial of a person charged with an offence against subsection (3) the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against subsection (1), the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against subsection (1). The person is liable to punishment accordingly.
(6) Attempts A person who attempts to commit an offence under subsection (1) or (3) is liable to the penalty provided for the commission of the offence.
(7) Double jeopardy A person cannot be convicted of both an offence against this section and an offence against section 91K in respect of conduct occurring on the same occasion.
91M   Installing device to facilitate observation or filming
(1) Offence A person who, with the intention of enabling that person or any other person to commit an offence against section 91J, 91K or 91L, installs any device, or constructs or adapts the fabric of any building, for the purpose of facilitating the observation or filming of another person, is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2)  An offence against this section is a summary offence.
(3) Alternative verdict If on the trial of a person charged with an offence against section 91J, 91K or 91L the trier of fact is not satisfied that the offence is proven but is satisfied that the person has committed an offence against this section, the trier of fact may acquit the person of the offence charged and find the person guilty of an offence against this section. The person is liable to punishment accordingly.