Voyeurism (NSW)

The New South Wales Crimes Act 1900 contains an offence known as voyeurism and several other relates offences. These are offences relating to watching or filming a person who is naked or engaged in a private act. This page deals with voyeurism offences in New South Wales.

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.

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.

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.

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.

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.

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