72EThreaten to capture or distribute intimate images

72E Threaten to capture or distribute intimate images (a) the person threatens to capture or distribute an intimate image of another person; and (b) the person— (i) intends the other person to fear that the threat would be (ii) is reckless about whether the other person would fear that the threat would be carried out. (a) for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or (b) in any other case—300 penalty units, imprisonment for 3 years (a) a threat may be made by any conduct whether explicit, implicit, conditional, or unconditional; and (b) it is not necessary to prove that the other person actually feared (c) a person may be found guilty even if carrying out the threat is impossible. Examples—par (c) • the image does not exist • technical limitations prevent the person from capturing or distributing the image capture intimate image—a person captures an intimate image of another person if the person captures an image of the other person, with a camera or by any other means, in such a way that— (a) a recording is made of the image; or (b) the image is capable of being transmitted in real time, with or without retention or storage, in a physical or electronic form; or (c) the image is otherwise capable of being distributed. 72EA Aggravated offences—pt 3A offences involving family (a) section 72C (Non-consensual distribution of intimate images); (b) section 72D (Distribution of intimate image of young person); (c) section 72E (Threaten to capture or distribute intimate images). (4) To remove any doubt, it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation. (b) s 72AA (Aggravated offences—pt 3 offences involving family 72EB Alternative verdicts for aggravated offences—offences mentioned in column 2 of an item in table 72EB, the trier of fact— in relation to the finding of guilt. Table 72EB item 1 section 72C (Non-consensual distribution of intimate images), aggravated • section 72C, simple offence item 2 section 72D (Distribution of intimate image of young person), • section 72D, simple offence 3 section 72E (Threaten to capture or distribute intimate images), • section 72E, simple offence