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Intentionally Visually Capture Another Person’s Genital or Anal Region

Name: Doogue + George Defence Lawyers
Address: Level 5/221 Queen St, Melbourne, VIC, 3000, AU
Telephone: (03) 9670 5111
Price range: $$$

Author: Dee Giannopoulos

Practice area: sex offences

Dee is a Director at Doogue + George and an LIV Accredited Criminal Law Specialist, recognised by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026), with extensive experience in adult and child sex offence matters. Her depth of experience in this area means clients receive accurate, considered advice.

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Dee authored this content and last revised it for accuracy on 6 August 2026.

What is the offence of Intentionally Visually Capture Another Person’s Genital or Anal Region?

This offence involves intentionally making a visual image of another person’s genital or anal region in circumstances where a reasonable person in that position would expect the area could not be visually captured. In Victoria, the offence is governed by Section 41B of the Summary Offences Act 1966.

Key points

The prosecution must prove visual capture, intention, and a reasonable expectation of privacy.
The offence concerns non-consensual visual capture of genital or anal regions.
Usual court level: Magistrates’ Court (summary offence).

The maximum penalty for Intentionally Visually Capture Another Person’s Genital or Anal Region is 2 years imprisonment.

Common defences may include consent (implied or explicit), lack of intent, reasonable mistake of belief, and factual dispute.

Have you been accused of Intentionally Visually Capture Another Person’s Genital or Anal Region?

Police interview

These investigations normally begin with Police knocking on your door with a search warrant wanting to look at your computer and other devices. If this happens, call our office immediately to get advice. We can speak with the Police and make sure they are not searching for things they do not have authority to check.

We can guide you during your Police interview what your obligations are, or if you must hand over your electronic devices. You risk harming your defence if you do not know how to properly deal with the Police.

Pleading not guilty

Our lawyers are experienced in representing people charged with Intentionally Visually Capture Another Person’s Genital or Anal Region. You want a lawyer who is going to fight for your rights and challenge the Police case. There will be a lot of evidence that needs to be requested from the Police. Just because the Police say something happened does not make it so. Therefore, we conduct our own very careful investigations.

Pleading guilty

We can also help you in a plea of guilty to Intentionally Visually Capture Another Person’s Genital or Anal Region. There are things which a Magistrate needs to know which can lead to a better outcome. We are experienced with these sorts of matters and know what helps in Court. We can help you gather character references and reports which might persuade a Magistrate not to send you to prison.

Sentencing outcomes

Sentencing in the Magistrates’ Courts of Victoria

Source: Sentencing Advisory Council of Victoria (SACStat), Summary Offences Act 1966 (Vic) s 41B — 80 charges across 36 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.

Outcome	%
Imprisonment	56.2%
Community Correction Order	17.5%
Adjourned Undertaking	16.2%
Fine	8.8%
Other	1.2%

The data indicates a significant risk of imprisonment for this offence, reflecting the seriousness of the conduct and the breach of personal privacy involved. The court will consider factors such as the circumstances of the offending, prior history and any evidence of remorse or rehabilitation when determining sentence. Careful preparation is essential.

Contact an expert in charges of Intentionally Visually Capture Another Person’s Genital or Anal Region on (03) 9670 5111.
We provide a free first phone conference.
Download our free booklet to learn more about the Investigation and Court process.

Which court will the case be heard in?

As a summary offence, any summons for this charge will primarily be handled by the Magistrates’ Court.

What is the legal definition of Intentionally Visually Capture Another Person’s Genital or Anal Region?

A person must not intentionally visually capture another person’s genital or anal region in the 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.

The reasonable expectation test is an objective one – what would a reasonable person in the position of the person whose genital or anal region is being visually captured have expected?¹

Examples of Intentionally Visually Capture Another Person’s Genital or Anal Region

A person is found to be using their phone on public transport secretly capturing ‘up-skirt’ images.
A university student is discovered taking photos of fellow students’ genital area and sharing the images on phone applications such as Snapchat to friends.
A person hides a video camera in a towel or bag to capture images of genital regions on a beach during the summer period.

Elements of the offence

The prosecution must prove:

The accused visually captures another person’s genital or anal region;
The accused does so intentionally; and
The accused does so in circumstances in which a reasonable person in the position of the other person would expect that his or her genital or anal region could not be visually captured.

Legislation

The legislation for this offence can be found on section 41B of the Summary Offences Act 1966:

Visually Capturing Genital or Anal Region
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.
Penalty: 2 years imprisonment.
Notes
The reasonable expectation test is an objective one—what would a reasonable person in the position of the person whose genital or anal region is being visually captured have expected.
Section 41D(1) sets out exceptions to this offence.²

Defences

In certain circumstances surrounding this charge, consent can be a crucial component to a defence. Other areas to explore may include intent, incorrect factual matrix, concept of beyond reasonable doubt, and reasonable mistake of belief.

Your decision on whether to contest or plead guilty to this charge is a crucial consideration that you need to discuss with a criminal lawyer. Know your rights as a defendant and be informed of the legal implications of either plea. Without a lawyer to inform you of the legal issues, you may end up having to face very serious consequences.

Questions in cases like this

Was there consent, either implied or explicit, in the circumstances?
Did the image originally originate from a broadcasting or data casting service?

Maximum penalty for section 41B of the Summary Offences Act 1966

This offence carries a penalty of two years imprisonment as the highest possible sentence. Repeat offending or relevant priors may significantly affect the outcome of your case in Court.

Sentencing

Even though the maximum penalty for pleading guilty to Intentionally Visually Capture Another Person’s Genital or Anal Region is a term of a imprisonment, most people sentenced received a Community Correction Order. You can increase your chances of receiving a Community Correction or fine by:

Demonstrating genuine remorse,
Obtaining an expert report which explains the cause for your offending,
Undergoing treatment or a men’s behaviour change program,
Preparing properly considered plea submissions which explain your personal circumstances.

In cases like this, most Magistrates want to know that you have supports in place to reduce the likelihood of this type of offending happening again.

Other information

FAQ about Intentionally Visually Capture Another Person’s Genital or Anal Region

What does it mean to intentionally visually capture another person’s genital or anal region?

It means deliberately making a visual image of another person’s genital or anal region in circumstances where a reasonable person would expect that area not to be visually captured. The focus is on intentional conduct and the existence of an objective expectation of privacy at the time the image was taken.

What elements must be proven for this offence?

The offence requires proof that a visual image was taken of another person’s genital or anal region, that the act was intentional, and that the image was captured in circumstances where a reasonable person in the same position would expect their genital or anal region could not be visually recorded.

How is a “reasonable expectation of privacy” determined?

A reasonable expectation of privacy is assessed objectively. It considers what a reasonable person in the position of the affected person would have expected in the circumstances, rather than relying on the personal views or assumptions of either the accused or the complainant.

What is the maximum penalty for intentionally visually capturing a genital or anal region?

The maximum penalty for this offence under s 41B of the Summary Offences Act 1966 is 2 years imprisonment.

What issues or defences commonly arise in these cases?

Common issues include whether consent was given, whether the conduct was intentional, whether the circumstances supported a reasonable expectation of privacy, and whether the prosecution can prove each element of the offence beyond reasonable doubt.