(b) in a way that would cause the
other person distress reasonably arising in all the circumstances;
commits a
misdemeanour.
Example—
• the circumstances surrounding the
distribution of the intimate image
• the extent to which the distribution
of the intimate image interferes with the other person’s privacy
• the
relationship, if any, between the person who distributes the intimate image
and the other person
Penalty—
Maximum penalty—3 years imprisonment.
(2) For subsection
(1) (a) , a child under the age of 16 years is incapable of giving consent.
(3) For subsection (1) (b) , it is immaterial whether the person who
distributes the intimate image intends to cause, or actually causes, the other
person distress.
(4) It is a defence to a charge of an offence against
subsection (1) to prove that—
(a) the person engaged in the conduct that is
alleged to constitute the offence for a genuine artistic, educational, legal,
medical, scientific or public benefit purpose; and
(b) the person’s conduct
was, in the circumstances, reasonable for that purpose.
(5) In this
section—
"consent" means consent freely and voluntarily given by a person with the
cognitive capacity to give the consent.