CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 25 New sections 41DA and 41DB inserted
CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 25
New sections 41DA and 41DB insertedAfter section 41D of the Summary Offences Act 1966 insert —
" 41DA Distribution of intimate image
(1) A person (A) commits an offence if—
(a) A intentionally distributes an intimate image of another person (B) to a person other than B; and
(b) the distribution of the image is contrary to community standards of acceptable conduct.
Example
A person (A) posts a photograph of another person (B) on a social media website without B's express or implied consent and the photograph depicts B engaged in sexual activity.
(2) A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).
(3) Subsection (1) does not apply to A if—
(a) B is not a minor; and
(b) B had expressly or impliedly consented, or could reasonably be considered to have expressly or impliedly consented, to—
(i) the distribution of the intimate image; and
(ii) the manner in which the intimate image was distributed.
41DB Threat to distribute intimate image
(1) A person (A) commits an offence if—
(a) A makes a threat to another person (B) to distribute an intimate image of B or of another person (C); and
(b) the distribution of the image would be contrary to community standards of acceptable conduct; and
(c) A intends that B will believe, or believes that B will probably believe, that A will carry out the threat.
(2) A person who commits an offence against subsection (1) is liable to level 8 imprisonment (1 year maximum).
(3) For the purposes of this section, a threat may be made by any conduct and may be explicit or implicit.".