Victorian Current Acts

CRIMES ACT 1958 - SECT 53S

    (1)     A person (A) commits an offence if—

        (a)     A intentionally distributes an image depicting another person (B); and

        (b)     the image is an intimate image; and

        (c)     A knows that the image is, or probably is, an intimate image; and

        (d)     the distribution of the intimate image is contrary to community standards of acceptable conduct.

Examples

1     A person (A) intentionally posts a photograph of another person (B) on a social media website without B's consent and the photograph depicts B engaged in a sexual activity.

2     A person (A) sends a photograph of a person (B) to another person (C) using an instant messaging service without B's consent and the photograph depicts B's genital or anal region.

3     A parent emailing a photo of their naked newborn child to a family member or a friend may not be an offence against this section because of subsection (1)(d).

    (2)     A person who commits an offence against subsection (1) is liable to 3 years imprisonment.

    (3)     A does not commit an offence against subsection (1) if—

        (a)     B is not a child; and

        (b)     at the time of the distribution of the intimate image, B consented to—

              (i)     A distributing the intimate image; and

              (ii)     how the intimate image was distributed.

    (4)     A does not commit an offence against subsection (1) if—

        (a)     B is not a child; and

        (b)     the intimate image had been distributed previously in a place to which members of the public had access, irrespective of whether—

              (i)     that place was accessible on the Internet or not; and

              (ii)     access was free or for a payment of a fee; and

        (c)     B consented, or a reasonable person would believe that B consented, to that previous distribution; and

        (d)     in all the circumstances, a reasonable person would believe that B consented to the distribution of the intimate image to which the charge relates.

Note

A mistaken but honest belief that the distribution of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.

S. 53T inserted by No. 38/2022 s. 22.