(4) In
this section,
"circumstances of aggravation" means circumstances in which--
(a) the person
whom the offender filmed was a child under the age of 16 years, or
(b) the
offender constructed or adapted the fabric of any building for the purpose of
facilitating the commission of the offence.
(5) Alternative verdict If on the
trial of a person charged with an offence against subsection (3) the trier of
fact is not satisfied that the offence is proven but is satisfied that the
person has committed an offence against subsection (1), the trier of fact may
acquit the person of the offence charged and find the person guilty of an
offence against subsection (1). The person is liable to punishment
accordingly.
(6) Attempts A person who attempts to commit an offence under
subsection (1) or (3) is liable to the penalty provided for the commission of
the offence.