2A

A person (A) commits an offence if—

a

A operates equipment,

b

A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe another (B) while B is breast-feeding a child, and

c

A does so—

i

without B’s consent, and

ii

without reasonably believing that B consents.

2B

A person (A) commits an offence if—

a

A records an image of another (B) while B is breast-feeding a child,

b

A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and

c

A does so—

i

without B’s consent, and

ii

without reasonably believing that B consents.

3A

In this section a reference to B breast-feeding a child includes B re-arranging B’s clothing—

a

in the course of preparing to breast-feed the child, or

b

having just finished breast-feeding the child.

3B

It is irrelevant for the purposes of subsections (2A) and (2B)—

a

whether or not B is in a public place while B is breast-feeding the child,

b

whether or not B’s breasts are exposed while B is breast-feeding the child, and

c

what part of B’s body—

i

is, or is intended by A to be, visible in the recorded image, or

ii

is intended by A to be observed.