New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 91R

91R Threaten to record or distribute intimate image

(1) A person who threatens to record an intimate image of another person--

(a) without the consent of the other person, and

(b) intending to cause that other person to fear that the threat will be carried out,

is guilty of an offence.

: Maximum penalty--100 penalty units or imprisonment for 3 years, or both.

(2) A person who threatens to distribute an intimate image of another person--

(a) without the consent of the other person, and

(b) intending to cause that other person to fear that the threat will be carried out,

is guilty of an offence.

: Maximum penalty--100 penalty units or imprisonment for 3 years, or both.

(3) A threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.

(4) A person may threaten to distribute an image whether or not the image exists.

(5) In proceedings for an offence against this section, the prosecution is not required to prove that the person alleged to have been threatened actually feared that the threat would be carried out.

(6) A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.