Distributing an Intimate Image Without Consent is an offence under section 91Q of the Crimes Act 1900, which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You intentionally distributed an intimate image of another person
- Without that person’s consent
- Knowing the other person did not consent, or being reckless as to whether they were consenting.
An ‘intimate Image’ is defined as:
- A person’s private parts, or a person engaged in a private act, or
- An image altered to appear to show a person’s private parts, or
- The person engaged in a private act, where a reasonable person would expect to be afforded privacy.
‘Private Parts’ is defined as:
- The genital or anal area, whether bare or covered by underwear, or
- The breasts of a female, or transgender or intersex person identifying as female whether or not the breasts are developed.
‘Private Act’ is defined as:
- A state of undress, or
- Using the toilet, showering or bathing, or
- A sexual act of a kind not ordinarily done in public, or
- Any other like activity.
Exceptions to Intimate Image Offences are listed in section 91T of the Crimes Act 1900, which provides that a person does not commit an offence under 91P or 91Q which are: recording or distributing an intimate image without consent.
The exceptions are where the conduct was:
- For a genuine medical or scientific purpose
- By a law enforcement officer for a genuine law enforcement purpose, or
- Required by a court or necessary for legal proceedings.
The section further states that a person is not guilty if a reasonable person would consider the conduct acceptable, considering:
- The nature and content of the image
- The circumstances in which the image was recorded or distributed
- The age, intellectual capacity, vulnerability or other circumstances of the depicted person
- The degree to which the conduct affected the privacy of the depicted person, and
- The relationship between the parties involved.
If you are going to court for Distribute intimate image without consent, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
Section 91Q of the Crimes Act deals with the offence of “Distribute intimate image without consent” and reads as follows:
91Q Distribute intimate image without consent
(1) A person who intentionally distributes an intimate image of another person:
(a) without the consent of the person, and
(b) knowing the person did not consent to the distribution or being reckless as to whether the person consented to the distribution, is guilty of an offence.
Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.
(2) A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
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