Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 223

223 Distributing intimate images

(1) A person who distributes an intimate image of another person—

(a) without the other person’s consent; and

(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.