By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 20 April 2026.
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The New South Wales Crimes Act 1900 contains an offence known as voyeurism and several other related offences. These are serious criminal offences relating to watching or filming a person who is naked or engaged in a private act without their consent. The legislation was introduced to protect individuals' privacy and dignity in an era where technology has made it easier to secretly record others. This page deals with voyeurism offences in New South Wales and provides comprehensive information about the legal framework, penalties, and defences available.
What is voyeurism?
The offence of voyeurism is set out in section 91J of the Crimes Act 1900. A person is guilty of an offence under this provision if they observe a person who is engaged in a private act:
- without the consent of the person
- knowing the person does not consent to being observed
for the purpose of obtaining sexual arousal or gratification.
Understanding "Private Act"
The law defines a "private act" as an act of a sexual or intimate nature, including but not limited to undressing, being naked, using the toilet, bathing, or engaging in sexual activity. The act must be one that a reasonable person would expect to be unobserved in the circumstances. This definition is crucial in determining whether voyeurism charges are appropriate.
Penalties for Voyeurism
This offence is a summary offence that is punishable by a maximum penalty of two years imprisonment or a fine of 100 penalty units, or both. The courts take these offences seriously, particularly given their impact on victims' psychological wellbeing and sense of privacy.
Aggravated voyeurism
An offence of voyeurism is aggravated if:
- the person observed is under 16; or
- the offender constructed or adapted the fabric of a building in order to commit the offence.
The maximum penalty for aggravated voyeurism is five years imprisonment.
Circumstances of Aggravation
The aggravated form of voyeurism reflects the legislature's recognition that certain circumstances make the offence more serious. When a minor is involved, the offence is considered particularly heinous due to the vulnerability of children. Similarly, when an offender goes to significant lengths to modify buildings or structures to facilitate their voyeuristic behaviour, it demonstrates premeditation and a serious breach of others' reasonable expectations of privacy.
Filming person engaged in private act
Under section 91K of the Crimes Act 1900, a person is guilty of an offence if they obtain sexual arousal or gratification by filming another person who is engaged in a private act:
- without the consent of the other person; or
- knowing that the person does not consent to being filmed.
The maximum penalty for this offence is two years imprisonment, a fine of 100 penalty units, or both. An aggravated offence attracts a maximum penalty of five years imprisonment.
Technology and Modern Voyeurism
This provision specifically addresses the use of recording devices, including smartphones, hidden cameras, and other digital recording equipment. The widespread availability of small, concealable recording devices has made this type of offending more common, and the law has evolved to address these technological challenges.
Filming a person's private parts
Under section 91L of the Crimes Act 1900, a person is guilty of an offence if they film another person's private parts for the purpose of obtaining sexual arousal or gratification in circumstances where a reasonable person would expect that the other person's private parts could not be filmed:
- without the consent of the person being filmed; and
- knowing that the person did not consent to being filmed.
This offence is punishable by a maximum penalty of two years imprisonment. An aggravated offence is punishable by a maximum penalty of five years imprisonment.
Upskirting and Similar Offences
This section particularly addresses "upskirting" and similar behaviours where offenders use cameras to film under clothing or capture images of private parts in public spaces. The offence recognises that even in public spaces, people have reasonable expectations that certain parts of their body will remain private.
Legal Defences and Considerations
Several defences may be available to individuals charged with voyeurism offences in NSW. The most straightforward defence is consent - if the person being observed or filmed had given their informed consent to the activity, this would negate the offence. However, consent must be freely given and can be withdrawn at any time.
Lack of Intent
Another potential defence relates to the purpose element of these offences. The prosecution must prove beyond reasonable doubt that the accused acted for the purpose of sexual arousal or gratification. If the filming or observation occurred for legitimate purposes, such as security surveillance or artistic endeavours, this may provide a defence.
Reasonable Expectation of Privacy
The concept of reasonable expectation of privacy is central to many of these offences. Courts will consider factors such as the location where the alleged voyeurism occurred, the measures taken by the complainant to ensure privacy, and the general circumstances surrounding the incident.
Impact on Victims and Court Proceedings
Voyeurism offences can have significant psychological impacts on victims, often leading to feelings of violation, anxiety, and loss of security. NSW courts recognise these impacts when determining appropriate sentences and may consider victim impact statements during proceedings.
Reporting and Investigation
Victims of voyeurism should report incidents to NSW Police as soon as possible. Evidence such as recording devices, digital files, and witness statements can be crucial in building a strong case. The police have specialised units trained to handle these sensitive matters and preserve digital evidence appropriately.
Court Process
Voyeurism charges are typically heard in the Local Court of NSW, though more serious matters may be committed to higher courts. The prosecution must prove all elements of the offence beyond reasonable doubt, including the lack of consent, the accused's knowledge of this lack of consent, and the sexual motivation behind the conduct.
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