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Section 91O Crimes Act 1900
Meaning of Consent in Intimate Image Offences

Section 91O of the Crimes Act 1900 is Meaning of Consent in Intimate Image Offences and is extracted below.

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The Legislation

Section 91O of the Crimes Act 1900 deals with the offence of ‘Meaning of Consent in Intimate Image Offences’ and reads as follows:

91O Meaning of Consent in Intimate Image Offences

(1) This section applies to all offences under this Division.

(2) A person consents to the recording of an intimate image if the person freely and voluntarily agrees to the recording of the intimate image.

(3) A person consents to the distribution of an intimate image if the person freely and voluntarily agrees to the distribution of the intimate image.

(4) A person who consents to the recording or distribution of an image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording or distribution of that image or any other image on another occasion.

(5) A person who consents to the distribution of an image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.

(6) A person who distributes an image of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.

(7) A person does not consent to the recording or distribution of an intimate image:

(a) if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or

(b) if the person does not have the opportunity to consent because the person is unconscious or asleep, or

(c) if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or

(d) if the person consents because the person is unlawfully detained.

(8) This section does not limit the grounds on which it may be established that a person does not consent to the recording or distribution of an intimate image.

Why Sydney Criminal Lawyers®?

Being charged with Meaning of Consent in Intimate Image Offences can have a detrimental impact on your life, career and your professional reputation.

But by arming yourself with the best possible defence, you can avoid these potential consequences.

At Sydney Criminal Lawyers®, our lawyers are experts in the field of criminal and traffic law.

Our unparalleled knowledge of the law, coupled with years of experience fighting some of the most difficult criminal cases puts our clients at a leading advantage when it comes to securing a positive outcome in your case.

Our lawyers will carefully examine all the evidence in order to identify any possible weaknesses with the prosecution case.

Where problems are identified, our lawyers can write to police and push to have the charges dropped before your matter reaches a defended hearing.

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Our experienced advocates will fight hard to win your case by presenting any favourable evidence in a compelling manner in court and casting doubt on the prosecution case.

We offer a FREE first conference with our lawyers to help you understand your options – so give us a call now on (02) 9261 8881 and take the first step in fighting your matter.

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