(ii) is engaging in a private act and the observation or
visual recording is made for the purpose of observing or visually recording a
private act;
commits a misdemeanour.
Penalty—
Maximum penalty—3 years
imprisonment.
Example—
1 A person changing in a communal change room at a swimming
pool may expect to be observed by another person who is also changing 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 be observed by the person giving the help
but may not expect to be observed by another person.
(2) A person who
observes or visually records another person’s genital or anal region, in
circumstances where a reasonable adult would expect to be afforded privacy in
relation to that region—