NSW teacher banned from schools but avoids jail over intimate images

A teacher has been spared jail but is banned from working in any NSW public school after taking photos of a naked sleeping man.

Brody Luke Anderson, who taught at a school in the wider Hunter region, was found guilty of two counts of intentionally recording an intimate image without consent.

The Newcastle Local Court heard the charges did not relate to a student at the school.

Ahead of sentencing on Tuesday, Anderson wrote a letter to Judge Georgina Darcy apologising for his actions.

"I am truly sorry for the hurt I have caused. This will not happen again," he said.

The ABC has since learned he has been barred from teaching at any NSW public school.

Hotel room photos

Police facts tendered in court said Anderson took two images of an adult man lying naked on a bed in a Sydney hotel room in March 2024.

"The victim was asleep in the bed, laying in the fetal position completely naked with his buttocks exposed," the fact sheet said.

"The accused has obtained [a] photograph of the victim in this position. The victim is sleeping and he is not capable of consenting to this photograph."

A second photograph was taken half an hour later.

"The victim is laying naked in the same position as the previous photograph with the top part of his body rolled back slightly so his head, chest and arms were exposed," the fact sheet read.

The court was told Anderson "had his penis exposed, dangling his penis above the victim's head while he slept".

Thought photos were OK

Anderson told the judge he thought taking the photos was "OK".

"That doesn't excuse it. I wrongly assumed it was OK,"

he said.

The two images were stored on his mobile phone and shown to police when he made admissions after his arrest last month.

Anderson was spared jail and no conviction was recorded.

Judge Darcy instead handed Anderson a two-year sentence to be served in the community, by way of a conditional release order.

He will be bound by the order until November 2028.

During that time he is not to commit any offence and must appear before the court if called upon to do so at any time.

He must delete or destroy any intimate images of the victim that were created in contravention of the law.

Barred from teaching

Anderson told the judge the incident had ended his career.

"I have decided to leave my current job in teaching, which has meant giving up a career I cared deeply about," Anderson said.

"I am concerned about the impact a criminal conviction will have upon my future, with particular regard to future employment and police checks."

The ABC asked the New South Wales Department of Education for comment in relation to the status of Anderson's employment.

In a statement, a spokesman confirmed Anderson was no longer employed.

"The individual is barred from working in any NSW public school," the Department of Education statement read.

"The department's highest priority is the safety and wellbeing of students."

In 2025, the NSW government strengthened protections against the non-consensual recording or sharing of sexual content by amending the Crimes Act 1900.

At the time, the government said the act already covered sexually explicit image material, but a tweak meant that it would now include digitally generated deepfakes.