Quote:
Originally Posted by valo403
Aren't there criminal elements beyond public lewdness in that second scenario? If that happened in a private space are there not crimes that apply?
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I see what you're saying. For example, if a person installed a two-way mirror (or secret cameras) in their bathroom to observe a guest (or family member)?
That type of behaviour would be an offence pursuant to s. 162:
Quote:
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, 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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The key limit here of course is that the complainant must be "in circumstances that give rise to a reasonable expectation of privacy".