48Sexual activity directed at another person

48 Sexual activity directed at another person

(a) A engages in an activity; and

(c) another person (B) sees the activity or a part of the activity; and

(d) A knows that B will see, or will probably see, the activity or a part of the activity; and

(e) A—

(i) intends that B will experience fear or distress from seeing the activity or a part of the activity; or

(ii) knows that B will experience, or will probably experience, fear or distress from seeing the activity or a part of the activity.

A mistaken but honest and reasonable belief that the activity was not sexual is not a defence to this offence—see section 48B.

S. 48A inserted by No. 47/2016 s. 15.