Crimes Act 1900

A person commits an offence if—

the person distributes an intimate image of another person; and

the other person is under 16 years old.

for an aggravated offence—600 penalty units, imprisonment for 6 years or both; or

in any other case—500 penalty units, imprisonment for 5 years or both.

Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

It is a defence to a prosecution for an offence against this section if the defendant proves that—

at the time of the offence—

the defendant believed on reasonable grounds that the person against whom the offence is alleged to have been committed was at least 16 years old; or

the person against whom the offence is alleged to have been committed was—

at least 10 years old; and

not more than 2 years younger than the defendant; and

the person against whom the offence is alleged to have been committed consented to the distribution of the intimate image.

The defendant has a legal burden in relation to the matters mentioned in this section (see Criminal Code, s 59).