Threaten to capture or distribute intimate images
72E Threaten to capture or distribute intimate images
A person commits an offence if—
the person threatens to capture or distribute an intimate image of another person; and
the person—
intends the other person to fear that the threat would be carried out; or
is reckless about whether the other person would fear that the threat would be carried out.
Maximum penalty:
for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or
in any other case—300 penalty units, imprisonment for 3 years or both.
Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.
In a prosecution for an offence against this section—
a threat may be made by any conduct whether explicit, implicit, conditional, or unconditional; and
it is not necessary to prove that the other person actually feared that the threat would be carried out; and
a person may be found guilty even if carrying out the threat is impossible.
Examples—par (c)
the image does not exist
technical limitations prevent the person from capturing or distributing the image
In this section:
capture intimate image—a person captures an intimate image of another person if the person captures an image of the other person, with a camera or by any other means, in such a way that—
a recording is made of the image; or
the image is capable of being transmitted in real time, with or without retention or storage, in a physical or electronic form; or
the image is otherwise capable of being distributed.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.