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Exceptions to Intimate Image Offences

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:

  1. For a genuine medical or scientific purpose
  2. By a law enforcement officer for a genuine law enforcement purpose, or
  3. 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:

  1. The nature and content of the image
  2. The circumstances in which the image was recorded or distributed
  3. The age, intellectual capacity, vulnerability or other circumstances of the depicted person
  4. The degree to which the conduct affected the privacy of the depicted person, and
  5. The relationship between the parties involved.

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