Contravening an Intimate Image Rectification Order
Contravening an intimate image rectification order is an offence under section 91S of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were found guilty of an intimate image offence
- You were ordered by the court to take reasonable steps to remove, retract, recover, delete or destroy an intimate image within a specified period of time
- You contravened that order, and
- You did not have a reasonable excuse for the contravention.
An ‘intimate image offence’ is an offence under:
- Section 91P of the Crimes Act – Recording an intimate image without consent, or
- Section 91Q of the Crimes Act – Distributing an intimate image without consent.
Whether you had a ‘reasonable excuse’ for the contravention is a factual matter determined by the court.
Duress is a defence to the charge.
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