THE CRIMINAL OFFENCE OF FILMING A PERSON ENGAGED IN A PRIVATE ACT WITHOUT CONSENT
The criminal offence of filming a person engaged in a private act without consent can lead to severe consequences, including a fine and imprisonment. Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing the best outcomes for clients who have been charged with the criminal offence of filming a person engaged in a private act without consent.
If you or anyone you know have been accused or charged with the criminal offence of filming a person engaged in a private act without consent, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS THE CRIMINAL OFFENCE OF FILMING A PERSON ENGAGED IN A PRIVATE ACT WITHOUT CONSENT?
Section 91K of the Crimes Act 1900 (NSW) constitutes it a criminal offence for a person to, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, film another person who is engaged in a private act, without the consent of the person being filmed to being filmed for that purpose, and knowing that the person being filmed does not consent to being filmed for that purpose.
WHAT ARE THE PENALTIES FOR THE OFFENCE OF FILMING A PERSON ENGAGED IN A PRIVATE ACT WITHOUT CONSENT?
Section 91K of the Crimes Act 1900 (NSW) prescribes a maximum penalty of an $11,000 fine and/or imprisonment for a maximum term of up to 2 years for anyone convicted of the criminal offence of filming a person engaged in a private act without consent.
If the offence is committed in circumstances of aggravation, the maximum penalty is a term of imprisonment for 5 years. In this section, circumstances of aggravation means circumstances in which:
- The person whom the offender filmed was a child under the age of 16 years, or
- The offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
Section 91K of the Crimes Act 1900 (NSW) also states that a person who attempts to commit the above offences concerning the filming of a person engaged in a private act without consent is liable to the penalty provided for the commission of the offence.
WHAT DOES IT MEAN TO BE ENGAGED IN A PRIVATE ACT?
To understand the criminal offence of filming a person engaged in a private act without consent, it is important to understand what it means for a person to be engaged in a private act.
For the purposes of this offence, the Crimes Act 1900 (NSW) defines a person to be engaged in a private act if:
- 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
- The circumstances are such that a reasonable person would reasonably expect to be afforded privacy.
SYDNEY UNIT MANAGER SENTENCED AFTER SPYING ON TENANTS
Sydney unit manager James Maxwell was sentenced to a term of imprisonment of 28 months with a non-parole period of 12 months after being convicted of the criminal offences of intentionally recording intimate images without consent, filming a person in a private act without consent and filming a person’s private parts without consent.
Mr Maxwell had pleaded guilty to the charges which resulted from his hiding of cameras in bathrooms and a bedroom of two units in a Pyrmont building. The hidden devices were placed inside clocks and a wrist watch and filmed tenants having sex, going to the toilet, showering and masturbating.
Authorities located 90 videos of multiple people, which included footage showing Mr Maxwell syncing one of the cameras with his phone.
In sentencing Mr Maxwell, Magistrate Kate Thompson stated that Mr Maxwell’s “victims were oblivious that their most intimate moments were being monitored and recorded for sexual arousal.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with the criminal offence of filming a person engaged in a private act without consent, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning team of criminal law experts are nationally recognised for securing the best outcomes for our clients across NSW who have been charged with the criminal offence of filming a person engaged in a private act without consent.