At Pannu Lawyers, as one of the Best Criminal Lawyers in Sydney, we frequently encounter cases involving serious privacy breaches. One offence that continues to emerge and cause distress is known as “upskirting”. Unfortunately, many people don’t realise just how grave this crime is under New South Wales law. Therefore, we want to clarify what the offence involves, the legal consequences, and how we can assist the defendant charged with this offence.
What Is Upskirting?
First and foremost, upskirting involves using a camera, phone, or similar device to take images or videos of a person’s private areas underneath their clothing without consent. This behaviour usually targets women and girls in public places such as shopping centres, trains, or festivals. It is important to understand that upskirting is never accidental or harmless; it is a deliberate invasion of privacy.
The Law in NSW
Under section 91L of the Crimes Act 1900 (NSW), a person commits an offence if they:
(1) A person who, for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed– (a) without the consent of the person being filmed to being filmed for that purpose, and (b) knowing that the person being filmed does not consent to being filmed for that purpose, is guilty of an offence.
Moreover, the law clearly covers images taken under clothing, even if the victim is partially clothed or wearing swimwear. This means offenders can face up to 2 years in prison and/or a fine of up to $11,000.
Furthermore, if the offender shares or threatens to share the image, the offence becomes more serious. Under sections 91P, 91Q and 91S of the Crimes Act 1900 (NSW), they risk up to 3 years’ imprisonment.
As the Best Criminal Lawyers in Sydney, we ensure clients understand the full extent of these penalties and the seriousness with which courts treat these cases.
What Counts as an Intimate Image?
To be clear, the law protects against recording images of:
A person’s genitals, anus, or breasts, even if covered by clothing.
Any image taken under clothing, such as skirts or shorts.
Images recorded in private locations such as change rooms or bathrooms.
Thus, whether or not the image shows full nudity is irrelevant. The critical issue is whether a reasonable person would expect privacy in those circumstances.
Consent and Intent
To convict someone of upskirting, the prosecution must prove:
Images were recorded for sexual arousal or sexual gratification;
The accused intentionally recorded intimate images;
The recording was done without the subject’s consent; and
The victim had a reasonable expectation of privacy.
As the Best Criminal Lawyers in Sydney, we always emphasise that the accused’s intent matters. Simply claiming “it was a joke” or “I didn’t mean to” rarely holds up in court. The law demands accountability.
Common Locations and Contexts
In our experience defending and prosecuting these cases, upskirting happens most often at:
Shopping centres
Public transport stations and trains
Escalators and lifts
Festivals and concerts
Gyms or sports centres
Workplaces or schools Defending an Upskirting Charge If you face an upskirting charge, our team at Pannu Lawyers recognized among the Best Criminal Lawyers in Sydney can provide critical assistance. We scrutinise the evidence, challenge improper police procedures, and investigate possible defences such as:
No intention to capture private parts
The image does not legally qualify as intimate
Mistaken identity
exclusion of improperly obtained evidence Above all, we fight to protect your rights and your future from unjust conviction. Final Word
In summary, upskirting is a serious criminal offence. The law in NSW treats it with full force. As the Best Criminal Lawyers in Sydney, we advise you not to underestimate the consequences of this offence and seek legal advice as soon as possible after charges being laid against you.
If you or someone you know is involved in an upskirting charges, contact Pannu Lawyers immediately. Our team acts quickly and decisively to protect your rights, reputation, and future.
