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Section 91R Crimes Act 1900
Threaten to record or distribute intimate image

Threatening to record or distribute an intimate image is an offence under section 91R 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:

  1. You threatened to record or distribute an intimate image of another person
  2. Without that person’s consent
  3. Intending to cause the person to fear the threat would be carried out

The threat can be made by any conduct, whether explicit or implicit, conditional or unconditional. The image does not have to actually exist. The prosecution does not need to prove that the threatened person feared the threat would be carried out.

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.

The Legislation

Section 91R of the Crimes Act deals with the offence of “Threaten to record or distribute intimate image” and reads as follows:

91R Threaten to record or distribute intimate image

(1) A person who threatens to record an intimate image of another person:
(a) without the consent of the other person, and
(b) intending to cause that other person to fear that the threat will be carried out, is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.

(2) A person who threatens to distribute an intimate image of another person:
(a) without the consent of the other person, and
(b) intending to cause that other person to fear that the threat will be carried out, is guilty of an offence.

Maximum penalty: 100 penalty units or imprisonment for 3 years, or both.

(3) A threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

(4) A person may threaten to distribute an image whether or not the image exists.

(5) In proceedings for an offence against this section, the prosecution is not required to prove that the person alleged to have been threatened actually feared that the threat would be carried out.

(6) 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.

Why Sydney Criminal Lawyers®?

Having the right legal team on your side can make all the difference when it comes to fighting and winning your “threaten to record or distribute intimate image” case.

At Sydney Criminal Lawyers®, we understand how valuable your reputation and future is – which is why we fight hard to obtain excellent results, even in the most difficult cases.

In every matter, we carefully examine all the evidence to find deficiencies with the prosecution case – if raised at an early stage in proceedings, we can push to have the charges dropped on this basis – sparing you the time and inconvenience of a defended hearing.

Where the prosecution refuses to drop the charges, our expert lawyers will work hard to build a strong defence case, by collecting and presenting all favourable evidence in a positive light and examining all relevant witnesses.

We can also help you raise any defences to the charges – for example, where your actions were misunderstood, or where the other person had given you consent to record or distribute them.

Our lawyers have years of experience fighting these types of cases and consistently obtain results better than those achieved by any other law firm.

We can also assist if you simply wish to accept the allegations against you and plead guilty – in these situations, our senior lawyers can prepare and present compelling sentencing submissions which persuade the magistrate to deal with the matter leniently.

Where there is evidence of positive factors such as your good character or a lack of prior offending, our lawyers will strive to obtain a ‘section 10 dismissal or conditional release order,’ which is where you are found guilty of the offence but no conviction is recorded on your criminal record.

This means that you are free to get on with your life as soon as possible.

For the best defence in your “threaten to record or distribute intimate image” case, call the experts at Sydney Criminal Lawyers® on (02) 9261 8881 and book your FREE first conference today.


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