Peeping / Prying

The offence of Peeping/Prying carries the maximum penalties of a $220 fine and/or 3 months imprisonment.

What is Peeping/Prying?

The offence of Peeping/Prying is set out under section 547C of the Crimes Act 1900 (NSW) and states:

Any person who is in, on or near a building without reasonable cause with intent to peep or pry upon another person shall be liable on conviction before the Local Court to imprisonment for 3 months, or to a fine of 2 penalty units.

Meaning, it is an offence to be in or near a building when you have no reason to be there, with the intention to peep or pry on someone else.

The following acts constitute Peeping/Prying:

• Looking through the window of your neighbours house to watch them whilst they are getting changed
• Looking through someone’s office window to see the person inside

What Must be Proven?

For a person to be found guilty of Peeping/Prying, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you were in or near a building
• That you did or had the intention to peep or pry on another person 
• That you had no lawful reason to do so

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Summary Offence meaning it will be dealt with in its entirety in the Local Court.

Possible Defences to Peeping/Prying

The following defences may be available for a Peeping/Prying charge:

• Duress
• Necessity
• That you did not intend to peep or pry upon another person

Common Questions about Peeping/Prying

Will I receive a criminal conviction?

A conviction and criminal record for this offence is possible. 

In NSW, a Court can impose any of the following penalties for a Peeping/Prying charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for Peeping/Prying might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of this nature can completely rule out certain career paths such as teaching and a range of government employment options. 

Will I go to Gaol for a Peeping/Prying charge?

It is possible to go to Gaol for this offence if convicted and the likelihood depends on the Court’s discretion and the circumstances surrounding the offence.

What if I was just walking and looked in someone’s front window at a quick glance?

This can form a possible defence if you did not intend to peep/pry when looking in the window at a quick glance if we can put forth to the Court that you simply glanced reasonably as you were walking past, rather than if you stood there intentionally.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.