South Australian Current Acts South Australian Current Acts26D—Indecent filming
(1) A person must not
engage in indecent filming.
Maximum penalty:
(a) if
the person filmed was under the age of 17 years—$20 000 or
imprisonment for 4 years;
(b) in
any other case—$10 000 or imprisonment for 2 years.
(2) It is a defence to
a charge of an offence against subsection (1) to prove—
(a) that
the indecent filming occurred with the consent of the person filmed; or
(b) that
the indecent filming was undertaken by a licensed investigation agent within
the meaning of the Security and Investigation Agents Act 1995 and
occurred in the course of obtaining evidence in connection with a claim for
compensation, damages, a payment under a contract or some other benefit.
(3) A person must not
distribute an image obtained by indecent filming.
Maximum penalty:
(a) if
the person filmed was under the age of 17 years—$20 000 or
imprisonment for 4 years;
(b) in
any other case—$10 000 or imprisonment for 2 years.
(4) It is a defence to
a charge of an offence against subsection (3) to prove 1 or more of
the following:
(a) that
the person filmed—
(i)
consented to that particular distribution of the image
the subject of the offence; or
(ii)
consented to distribution of the image the subject of the
offence generally; or
(b) that
the defendant did not know, and could not reasonably be expected to have
known, that the indecent filming was without the person's consent; or
(c) that
the indecent filming was undertaken by a licensed investigation agent within
the meaning of the Security and Investigation Agents Act 1995 and
occurred in the course of obtaining evidence in connection with a claim for
compensation, damages, a payment under a contract or some other benefit and
the distribution of the image was for a purpose connected with that claim.