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Under section 162(1) of the Criminal Code, voyeurism involves secretly observing or recording a person for a sexual purpose where they have a reasonable expectation of privacy.

The key elements of voyeurism are:

Surreptitious Observation or Recording: The accused person must engage in surreptitious observation or make a visual recording of another person without their knowledge or consent.

Reasonable Expectation of Privacy: The victim must be in circumstances that give rise to a reasonable expectation of privacy. This typically includes situations where individuals have a reasonable expectation of being undisturbed or unobserved.

Specific Circumstances: Voyeurism is generally associated with observing individuals who are in places where they can reasonably be expected to be nude, expose their genital organs or anal region or breasts, or engage in explicit sexual activity.

Purpose: In some cases, the observation or recording must be done for a sexual purpose.

Penalties for voyeurism convictions can vary depending on factors such as the specific circumstances of the offence and the purpose behind the observation or recording. Convictions for voyeurism can result in penalties including fines, probation, restraining orders, or imprisonment.