The maximum penalty for these crimes is 1 to 5 years in jail depending on the state or territory you live in.
In some states, the penalty is higher if the victim is a young person.
For example, even though most beaches are public places, you can get in trouble for taking invasive photos of people in their swimmers without their permission.
Private property is a space where the owner can set rules or restrict entry.
Private activities normally include things like undressing, using the toilet, showering or bathing, or doing a sexual act in a place where a typical person would expect privacy.
The laws ban things like “upskirting” (snapping a photo up somebody’s skirt without their permission) and setting up cameras in changing rooms or bedrooms.
Even in states and territories where there is no specific law about taking photos or videos of private parts or activities, there are other laws that can apply.
For example, every state and territory has laws against stalking.
If someone uses the internet to record or live stream a person without their permission, this could also be a crime.Generally, you have a right to take photos and videos of public places and the people within them.But if you are taking photos or videos in a way that is offensive or a nuisance to those around you, this can be a crime.Even if the private part or activity isn’t recorded using the internet, if it is later posted or sent online, this could also be against the law.For example, in October 2011, a 20 year old guy in NSW posted six nude photos of his ex-girlfriend on Facebook as revenge for breaking up with him.Usually, something is considered “indecent” if it is sexual in a way that the average person finds offensive.