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Section 91N Crimes Act 1900
Definitions

Section 91N of the Crimes Act 1900 is Definitions and is extracted below.

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The Legislation

Section 91N of the Crimes Act 1900 deals with the offence of ‘Definitions’ and reads as follows:

91N Definitions

(1) In this Division:

“distribute” includes:

(a) send, supply, exhibit, transmit or communicate to another person, or

(b) make available for viewing or access by another person,
whether in person or by electronic, digital or any other means.

“engaged in a private act” means:

(a) in a state of undress, or

(b) using the toilet, showering or bathing, or

(c) engaged in a sexual act of a kind not ordinarily done in public, or

(d) engaged in any other like activity.

“image” means a still or moving image, whether or not altered.

“intimate image” means:

(a) an image of a person’s private parts, or of a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy, or

(b) an image that has been altered to appear to show a person’s private parts, or a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy.

“private parts” means:

(a) a person’s genital area or anal area, whether bare or covered by underwear, or

(b) the breasts of a female person, or transgender or intersex person identifying as female, whether or not the breasts are sexually developed.

“record” an image means record, take or capture an image, by any means.

(2) A person may be regarded as having distributed an image to another person whether or not the other person views or accesses the image.

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