(a) to induce another person to enter into a relationship; (b) with intent to deceive another person; or (c) with intent to defraud a person, where such an act is likely to cause damage or harm to that person or any other person. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding one hundred thousand dollars or to a term of imprisonment not exceeding three years or to both. Violation of privacy 10. (1) A person who, knowingly or without lawful excuse or justification, captures, publishes or transmits the image of a private area of a person without his or her consent, under circumstances violating the privacy of that person, commits an offence and is liable on summary conviction to a fine not exceeding two hundred thousand dollars or to a term of imprisonment not exceeding three years or to both. (2) For the purposes of this section– (a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons; (b) “capture” with respect to an image, means to videotape, photograph, film or record by any means; (c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast; (d) “publishes” means reproduction in the printed or electronic form and making it available for public; (e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that – (i) he or she could disrobe in privacy, without being concerned that an image or his or her private area was being captured; or 11

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