News · Criminal law explainer
Voyeurism and filming a private act in NSW.
Recording someone in a bathroom, filming up or under clothing, hiding a camera in a change room: these are voyeurism offences. In New South Wales they are set out in sections 91K to 91M of the Crimes Act 1900 (NSW). This note explains what the prosecution must prove, the role of consent, the higher penalty where the person filmed is a child, and how these matters differ from the separate offences about sharing intimate images.
By Aaron Kernaghan · Published 3 September 2026
What are the voyeurism offences?
There are three related offences. Section 91K makes it an offence to film another person who is engaged in a private act, for the purpose of sexual arousal or gratification, without consent and knowing there is no consent. Section 91L covers filming another person's private parts, in circumstances where a reasonable person would expect privacy, on the same basis. Section 91M covers installing a device to enable that filming.
A private act includes using a toilet, showering or bathing, undressing, or engaging in a sexual act not ordinarily done in public. Private parts means a person's genital or anal area, whether bare or covered by underwear, or a woman's breasts.
What must the prosecution prove?
The prosecution must prove the filming or installation, the absence of consent, the accused's knowledge that there was no consent, and, for sections 91K and 91L, that the purpose was sexual arousal or gratification, or that the filming was for that purpose. The circumstances must be ones in which a reasonable person would reasonably expect privacy.
Consent is central. A person who is filmed with their agreement in the circumstances is not the victim of these offences. The issue is whether the person consented to being filmed in that private situation, not whether they consented to being present.
What are the penalties?
The maximum penalty for filming a private act under section 91K, and for filming private parts under section 91L, is 2 years imprisonment or a fine of up to $11,000, or both. The maximum rises to 5 years where the person filmed was under the age of 16, or where the accused installed a device to enable the filming.
The aggravated forms are treated much more seriously, particularly where a child is involved. A charge involving a child can overlap with child abuse material offences, which carry heavier penalties again.
How is this different from sharing an intimate image?
Voyeurism is about the covert recording or observation itself. The separate offences about recording or distributing an intimate image without consent, in Division 15C of the Act, deal with the sharing or threatened sharing of such images, including altered or deepfake images.
The same events can involve both. A person who secretly films another and then shares the footage may face a voyeurism charge and an image-based abuse charge. The offences protect different things: the privacy of the moment, and control over the image afterwards.
How are these charges defended?
Consent and purpose are the usual issues. Did the person consent to being filmed in the private situation? Was the purpose sexual, as the section requires, or was there an innocent explanation? Was it the accused who filmed or installed the device, which can be contested where a device is found in a shared space?
These are sensitive matters and the evidence is often technical, involving devices, storage, and metadata. Advice before any police interview is important, because what a person says early can be difficult to undo.
Frequently asked.
What is voyeurism in NSW?
Filming a person engaged in a private act, or filming a person's private parts, without consent and for sexual arousal or gratification, in circumstances where the person would reasonably expect privacy. It is an offence under sections 91K and 91L of the Crimes Act 1900 (NSW).
What is the maximum penalty?
Two years imprisonment or an $11,000 fine, or both, for filming a private act or private parts. The maximum rises to five years where the person filmed was under 16, or where a device was installed to enable the filming.
Does consent matter?
Yes. These offences require that the filming was without consent and that the accused knew there was no consent. A person filmed with their agreement in the circumstances is not a victim of these offences.
Is filming up someone's clothing an offence?
Yes. Filming a person's private parts, including under or through clothing, in circumstances where the person would reasonably expect privacy, without consent and for a sexual purpose, is an offence under section 91L.
How is this different from sharing an intimate image?
Voyeurism is about the covert filming itself. Sharing or threatening to share an intimate image without consent, including a deepfake, is a separate offence under Division 15C of the Crimes Act 1900 (NSW). The same conduct can involve both.
To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.
This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 3 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.
More criminal-law commentary by Aaron Kernaghan.
Related across the firm