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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 inserted

After 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.".