A person must not, with the aid of a device, intentionally observe another person's genital or anal region in circumstances in which it would be reasonable for that other person to expect that his or her genital or anal region could not be observed.
Penalty: 3 months imprisonment.
Notes
1 The reasonable expectation test is an objective one—what would a reasonable person in the position of the person being observed have expected.
Note 2 to s. 41A amended by No. 38/2022 s. 29.
2 Section 41D sets out exceptions to this offence.
Ss 41B, 41C inserted by No. 49/2007 s. 3, repealed by No. 38/2022 s. 30.
* * * * *
S.
41D
inserted by No. 49/2007 s. 3, amended by No. 47/2016
s. 45(1), substituted by No. 38/2022 s. 31.