Voyeurism as a Criminal Offence: A Consultation Paper

Part Two: Proposals For Voyeurism Offences

Distribution

The scheme would include a related offence of distributing, selling, etc. of material obtained as a result of voyeurism. The offence proposed below sets out concepts rather than legislative text.

Elements

  • intentionally publishes, exports, distributes, sells, transmits, makes available, or possesses for the purpose of publication, exportation, distribution, sale, transmission or making available
  • a visual representation
  • knowing that the visual representation was obtained by commission of the offence of criminal voyeurism.

Rationale

The harm generated by criminal voyeurism is amplified when the visual representations are transmitted or distributed to other persons. The distribution of visual recordings encompasses both the live transmission of images and the transmission of previously recorded visual representations.

Question:

Would the range of activity proposed for the distribution scheme be appropriate?

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