s. s. 41 41B made of those images or those images are otherwise capable of being distributed. New s. 41 41 Location immaterial inserted by No. 49/2007 An offence against this Division may be s. 3. committed even if the person whose genital or anal region is being observed or visually captured is in a public place. S. 41A 41A Observation of genital or anal region inserted by No. 49/2007 A person must not, with the aid of a device, s. 3. 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. 3 months imprisonment. Notes 1 The reasonable expectation test is an objective would a reasonable person in the position of the person being observed have expected. 2 Section 41D(1) sets out exceptions to this offence. S. 41B 41B Visually capturing genital or anal region inserted by No. 49/2007 A person must not intentionally visually capture s. 3. 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 visually captured. 2 years imprisonment. Notes 1 The reasonable expectation test is an objective would a reasonable person in the position of the
made of those images or those images are otherwise capable of being distributed. New s. 41 inserted by No. 49/2007 s. 3. 41 Location immaterial s. 41 An offence against this Division may be committed even if the person whose genital or anal region is being observed or visually captured is in a public place. S. 41A inserted by No. 49/2007 s. 3. 41A Observation of genital or anal region 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. 3 months imprisonment. Notes 1 The reasonable expectation test is an objective would a reasonable person in the position of the person being observed have expected. 2 Section 41D(1) sets out exceptions to this offence. S. 41B inserted by No. 49/2007 s. 3. 41B Visually capturing genital or anal region s. 41B A person must not intentionally visually capture 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 visually captured. 2 years imprisonment. Notes 1 The reasonable expectation test is an objective would a reasonable person in the position of the