What is filming a person’s private parts?

The offence of filming a person’s private parts is committed when a person covertly films or photographs another person’s anal, genital or breast area; clothed or unclothed, without consent.

Consent must be given in circumstances where a reasonable person would reasonably expect that a person’s private parts cannot be filmed.

The offence occurs in circumstances where the images were captured for the purpose of sexual arousal or gratification; or to enable another person to experience sexual arousal or gratification.

The offence is aggravated if:

  • the person filmed is a child under 16; or
  • a building has been modified to facilitate this offence.

NB: Double jeopardy applies in respect of this charge. This means that a person cannot be charged with this offence and a s 91K offence (filming a person engaged in a private act) in respect of conduct occurring on the same occasion.

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