Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 4 Acts injurious to the public in generalChapter 22 Offences against morality[s 227A]227AObservations or recordings in breach of privacy(1) A person who observes or visually records another person, incircumstances where a reasonable adult would expect to beafforded privacy—(a) without the other person’s consent; and(b) when the other person—(i) is in a private place; or(ii) is engaging in a private act and the observation orvisual recording is made for the purpose ofobserving or visually recording a private act;commits a misdemeanour.Maximum penalty—2 years imprisonment.Examples of circumstances where a reasonable adult would expect to beafforded privacy—1 A person changing in a communal change room at a swimmingpool may expect to be observed by another person who is alsochanging in the room but may not expect to be visually recorded.2 A person who needs help to dress or use a toilet may expect to beobserved by the person giving the help but may not expect to beobserved by another person.(2) A person who observes or visually records another person’sgenital or anal region, in circumstances where a reasonableadult would expect to be afforded privacy in relation to thatregion—(a) without the other person’s consent; and(b) when the observation or visual recording is made for thepurpose of observing or visually recording the otherperson’s genital or anal region;commits a misdemeanour.Maximum penalty—2 years imprisonment.Example for subsection (2)—using a mobile phone in a public place to take photos of women’sunderwear under their skirts without their consentPage 132 Current as at 1 December 2014