Indecent filming has been an offence that has been charged more often in recent times. It might be partially on the increase due to the ease and availability of camera devices. A person is not allowed to film another person in circumstances where a reasonable person might believe that person was engaged in a private act or a state of undress.

The Summary Offences Act 1953, provides a number of sections that deal with this expanding area. A person commits an offence if they threaten to or actually distribute an invasive image or film without the consent of the other person. We are seeing a rise in this type of offending which at the moment is quite topical. Unfortunately, mainly younger couples might consent to film various private acts at the time. The promises to keep them as private acts fail when the relationship fails.

At Woods & Co we have had people charged with threatening to distribute an image for a number of different reasons. Some are misguided attempts at trying to keep the relationship going. Others are clearly to cause as much embarrassment, harm and revenge as possible. ‘Revenge porn’ is on the rise and the penalties are significant as the court are intent on sending a message to the community that this type of behaviour will not be tolerated.

Other types of offending may include filming people in swimming pools, toilets or other private areas like the home. We believe the next wave of evidence will come in the form of ‘drone’ footage.

Indecent behaviour and Gross indecency are also offences that attract public odium and may include public masturbation or flashing.

If you are charged with any of these offences you will need to seek the considered advice or our experienced team in order to guide you to the best possible outcome.

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