Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 229A

229A Threats to distribute intimate image or prohibited visual recording

(1) A person commits a misdemeanour if—

(a) the person makes a threat to another person to distribute an intimate image or prohibited visual recording of the other person—

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

(ii) in a way that would cause the other person distress reasonably arising in all the circumstances; and

(b) the threat is made in a way that would cause the other person fear, reasonably arising in all the circumstances, of the threat being carried out.

Example—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and the other person

Penalty—

Maximum penalty—3 years imprisonment.

(2) A person commits a misdemeanour if—

(a) the person makes a threat to another person (
"person A" ) to distribute an intimate image or prohibited visual recording of another person (
"person B" )—

(i) without person B’s consent; and

(ii) in a way that would cause either person A or person B distress reasonably arising in all the circumstances; and

(b) the threat is made in a way that would cause person A fear, reasonably arising in all the circumstances, of the threat being carried out.

Example—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and person A or person B

Penalty—

Maximum penalty—3 years imprisonment.

(3) For subsections (1) and (2) it is immaterial whether—

(a) the intimate image or prohibited visual recording exists or does not exist; or

(b) the person who makes the threat intends to cause, or actually causes, the fear mentioned in the subsection.

(4) For subsections (1) (a) (i) and (2) (a) (i) , a child under the age of 16 years is incapable of giving consent.

(5) In this section—

"consent" means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.