Part 5 s 98AA Crimes Act 1961 Version as at 6 November 2021 (a) the taking by any means, or transmission by any means, of still or mov‐ ing images of the person engaged in explicit sexual activities (whether real or simulated): (b) the taking by any means or transmission by any means, for a material benefit, of still or moving images of the person’s genitalia, anus, or breasts (not being an act described in subsection (4) or subsection (5)): (c) the person’s participation in a performance or display (not being an act described in subsection (4)) that— (d) (i) is undertaken for a material benefit; and (ii) involves the exposure of the person’s genitalia, anus, or breasts: the person’s undertaking of an activity (for example, employment in a restaurant) that— (i) is undertaken for a material benefit; and (ii) involves the exposure of the person’s genitalia, anus, or breasts. (4) For the purposes of paragraphs (b) and (c) of subsection (3), sexual exploit‐ ation, in relation to a person, does not include the recording or transmission of an artistic or cultural performance or display honestly undertaken primarily for purposes other than the exposure of body parts for the sexual gratification of viewers. (5) For the purposes of subsection (3)(b), sexual exploitation, in relation to a per‐ son, does not include the taking or transmission of images of the person’s geni‐ talia, anus, or breasts for the purpose of depicting a medical condition, or a sur‐ gical or medical technique, for the instruction or information of health profes‐ sionals. (6) For the purposes of subsection (3)(b), sexual exploitation, in relation to a per‐ son, does not include the taking or transmission of images of the person’s geni‐ talia, anus, or breasts if the images are honestly intended— (a) to provide medical or health education; or (b) to provide information relating to medical or health matters; or (c) to advertise a product, instrument, or service intended to be used for medical or health purposes. (7) The person under the age of 18 years in respect of whom an offence against this section was committed cannot be charged as a party to the offence. (8) This section does not limit or affect the generality of section 98. Section 98AA: inserted, on 14 June 2006, by section 6 of the Crimes Amendment Act 2005 (2005 No 41). 70