What is filming a Person’s Private Parts?

It is where a person films another person’s private parts without consent. Some examples may include:

  • installing hidden cameras in places such as bedrooms/ public toilets/ change rooms etc; and
  • film a woman up their skirt, ‘up skirting’.

The Law

Definitions provided by Crimes Act 1900 (NSW),

  • section 91I(1)“private parts” means a person’s genital area or anal area, whether bare or covered by underwear, or the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.
  • section 91I(3)”filming” means 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).

The law in relation to filming a person’s private parts is found in section 91L(1) of the Crimes Act 1900(NSW), which states:

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–

  • without the consentof the person being filmed to being filmed for that purpose, and
  • knowing that the personbeing filmed does not consent to being filmed for that purpose,

is guilty of an offence, and carries a maximum penalty of 100 penalty units or imprisonment for 2 years, or both.

The aforementioned offence under section 91L(1) is a summary offence. Section 91L(2) is the aggravated offence which carries a maximum penalty of imprisonment for 5 years.

What is the “circumstances of aggravation”?

  • 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.

What must the prosecution prove?

Since filming a person’s private parts is a criminal offence, the burden of proof lies on the prosecution.

The prosecution must prove the accused’s guilt beyond reasonable doubt.

To establish filming a person’s private parts, the prosecution must prove each of the following matters beyond reasonable doubt:

  • the filming is for the purpose of obtaining or enabling another person to obtain sexual arousal or sexual gratification;
  • filmed private parts of another person;
  • it was filmed in circumstances in which a reasonable person would reasonably expect the person‘s private parts could not be filmed; and
  • without the consent of the person, or knowing that the person being filmed does not consent to being filmed for the purpose of sexual arousal or sexual gratification.

If you are charged with the offence of filming a person’s private parts what are your options?

National Criminal Lawyers have been successful in defending a number of filming a person’s private parts charges where the prosecution could not establish each of the element’s offence. We have also achieved a number of non-convictions for this offence.

NCL offer the following options for those who have been charged with filming a person’s private parts under section 91L Crimes Act 1900 (NSW):

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will plead not guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Acts of Indecency  offence our Team and National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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