Voyeurism is when a person observes a person in a private act for the purposes of obtaining sexual gratification and does so without the consent of the person and knowing the person does not consent.

This is an offence under s91J of the Crimes Act 1900 NSW.

In order to be found guilty of voyeurism, the prosecution must prove beyond reasonable doubt:

  • That you for the purpose of obtaining sexual gratification;
  • Observed the victim in a private act;
  • The observation was made without the consent of the victim; and
  • That you knew the victim did not consent to being observed for that purpose.


  • Duress; and
  • Necessity


Upon conviction in the Local Court, the maximum penalty is a fine of $11,000 and /or 2 years imprisonment.

If you are charged with voyeurism, contact Benjamin & Leonardo Criminal Defence Lawyers for precise legal advice. Your first conference is free.