(1) A person (A) commits an offence if—
(a) A makes to another person (B) a threat to distribute an intimate image depicting B or another person; 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 3 years imprisonment.
(3) For the purposes of subsection (1), a threat may be—
(a) made by words or conduct; and
(b) explicit or implicit.
Note
A mistaken but honest belief that the distribution of the intimate image would not be contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.
S. 53U inserted by No. 38/2022 s. 22.