53SDistributing intimate image

53S Distributing intimate image

(a) A intentionally distributes 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 distribution of the intimate image is contrary to community standards of acceptable conduct.

1 A person (A) intentionally posts a photograph of another person (B) on a social media website without B's consent and the photograph depicts B engaged in a sexual activity.

2 A person (A) sends a photograph of a person (B) to another person (C) using an instant messaging service without B's consent and the photograph depicts B's genital or anal region.

3 A parent emailing a photo of their naked newborn child to a family member or a friend 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 distribution of the intimate image, B consented to—

(i) A distributing the intimate image; and

(ii) how the intimate image was distributed.

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

(b) the intimate image had been distributed previously in a place to which members of the public had access, irrespective of whether—

(i) that place was accessible on the Internet or not; and

(ii) access was free or for a payment of a fee; and

(c) B consented, or a reasonable person would believe that B consented, to that previous distribution; and

(d) in all the circumstances, a reasonable person would believe that B consented to the distribution of the intimate image to which the charge relates.

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

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