Making an intimate visual recording (Section 216H of the Crimes Act 1961)

[Note: This question trail assumes a factual scenario where Ms Jones is engaged in activity prescribed under s 216G(1)(a).]

1.	Are you sure that Mr Smith made a visual recording using a device?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that Mr Smith intentionally made the visual recording?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that the visual recording was of Ms Jones who was in a place which, in the circumstances, would be reasonably expected to provide privacy?
	If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that Ms Jones was naked, or had her genitals, or pubic area, or buttocks or breasts exposed or partially exposed [or was engaged in an intimate sexual activity] [or was engaged in personal bodily activity that involves dressing or undressing]? Note: Amend or delete the words in square brackets above as required.
	If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that Mr Smith made the visual recording without Ms Jones’ knowledge or consent?
	If no, find Mr Smith not guilty. If yes, go to question six.
6.	Are you sure that Mr Smith knew or was reckless that the visual recording was made without Ms Jones’ knowledge or consent?
	‘Reckless’ means that Mr Smith was aware that there was a possibility Ms Jones did not know of or consent to the recording being made, yet he nevertheless made the visual recording. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty of charge one.