Voyeurism is a violation of privacy that involves observing or recording someone in a private context without their consent for sexual gratification.
Voyeurism: Criminal Code Definition
Voyeurism is defined under Section 162 of the Criminal Code.
162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if
(a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity;
(b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or
(c) the observation or recording is done for a sexual purpose.
Elements of Voyeurism
- The identity of the accused.
- The date and location of the incident.
- That the accused observed or recorded the complainant.
- That the complainant was in circumstances that give rise to a reasonable expectation of privacy.
- That the observation or recording was done for a sexual purpose.
- That the complainant did not consent to being observed or recorded.
Potential Penalties for Voyeurism
- Summary Conviction: Up to 6 months in prison and/or a fine.
- Indictable Offence: Up to 5 years in prison.
Click here to learn more about the potential penalties for procuring sexual services.
Defences Available for Voyeurism
- Lack of intent
- Alibi
- Insufficient evidence
- Charter violations
Speak to a Criminal Lawyer Today
Facing allegations of procuring sexual services necessitates a robust legal defence. A skilled criminal lawyer can navigate complex legal issues, defend your rights, and aim for the best possible outcome. Call (855) 585-1777 to secure your legal representation.
