53RProducing intimate image

53R Producing intimate image

(a) A intentionally produces an image depicting another person (B); and

(b) the image is an intimate image; and

(c) A knows that the image is, or probably is, an intimate image; and

(d) the production of the intimate image is contrary to community standards of acceptable conduct.

1 A person (A) live streams footage from a hidden camera placed in the bedroom of another person (B) to A's laptop and that footage depicts B engaging in sexual activity with another person.

2 A person (A) digitally superimposes another person's face (B) onto a photograph of a naked person taken from an online magazine.

3 A doctor taking a photo of an unconscious patient, which depicts the patient's genital region, during an operation to assist the doctor to perform a medical procedure may not be an offence against this section because of subsection (1)(d).

(3) A does not commit an offence against subsection (1) if—

(b) at the time of the production of the intimate image, B consented to—

(i) A producing the intimate image; and

(ii) how the intimate image was produced.

A mistaken but honest belief that the production of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.

S. 53S inserted by No. 38/2022 s. 22.