- It is illegal to videotape your sexual encounter with someone without his or her consent.
- The criminal code defines the act of doing so as voyeurism. Found in section 162.1 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 or sexual assault, 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.
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Printing, publication, etc., of voyeuristic recordings
(4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available.
(5) Every one who commits an offence under subsection (1) or (4)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
(b) is guilty of an offence punishable on summary conviction.
(6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good.
Question of law, motives
(7) For the purposes of subsection (6),
(a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and
(b) the motives of an accused are irrelevant.
- In order for the accused to be convicted of voyeurism the Crown attorney must prove:
- time- the time when the alleged act occurred.
- location- the location where the alleged act was committed.
- identity- the identity of the accused must be proved in that the Crown must prove that it was indeed the accused who committed the act in question
- “surreptitious observation and/or recording”
- “where the observed or recorded person had a reasonable expectation of privacy,” That the act was indeed committed in an place where the complainant had a reasonable expectation of privacy, such as a private residence.
- that either of these things occurred:
- “exposure or expected exposure of genitals and/or breasts,”
- “sexual activity, or”
- “the observation or recording was for a sexual purpose.”
- Contact Kostman and Pyzer, Barristers for legal advice if you have been charged with voyeurism or any other criminal offence!
- Charged with domestic assault as well? You need an experienced lawyer. Contact a Toronto domestic assault lawyer and get the justice you deserve.
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