Document ID: chunk:federal_register_of_legislation:C2022C00068:clause:2_1
Version: federal_register_of_legislation:C2022C00068
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 37044–38445

1  Section 473.1 of the Criminal Code
Insert:
private sexual material means:
 (a) material that:
 (i) depicts a person who is, or appears to be, 18 years of age or older and who is engaged in, or appears to be engaged in, a sexual pose or sexual activity (whether or not in the presence of other persons); and
 (ii) does so in circumstances that reasonable persons would regard as giving rise to an expectation of privacy; or
 (b) material the dominant characteristic of which is the depiction of:
 (i) a sexual organ or the anal region of a person who is, or appears to be, 18 years of age or older; or
 (ii) the breasts of a female person who is, or appears to be, 18 years of age or older;
  where the depiction is in circumstances that reasonable persons would regard as giving rise to an expectation of privacy.
Note: For material that relates to a person who is, or appears to be, under 18 years of age, see:
(a) the definition of child pornography material; and
(b) the child pornography offences in Subdivision D.
subject of private sexual material means:
 (a) if the material is covered by paragraph (a) of the definition of private sexual material—the person first mentioned in that paragraph; or
 (b) if the material is covered by paragraph (b) of the definition of private sexual material—the person mentioned in whichever of subparagraph (b)(i) or (ii) of that definition is applicable.