Distribution of intimate image without consent
208AB Distribution of intimate image without consent
(1) A person commits an offence if:
(a) the person intentionally distributes an image of another person; and
(b) the image is an intimate image and the person is reckless in relation to that circumstance; and
(c) the other person did not consent to the distribution and the person is reckless as to the lack of consent.
Maximum penalty: Imprisonment for 3 years.
(2) Subsection (1) does not apply to the distribution of an intimate image in the following circumstances:
to only the person depicted in the image;
(b) by a law enforcement officer acting reasonably in the performance of the officer's duty;
(c) for the purpose of reporting unlawful conduct to a law enforcement officer;
(d) when required by a court or reasonably required for the purpose of a legal proceeding;
for a scientific, medical or educational purpose;
(f) by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;
(g) of a child, or other person incapable of giving consent, in circumstances that a reasonable person would regard as acceptable.
Example for subsection (2)(e)
A doctor sends an image of a female patient's breast to another doctor for a second opinion about the patient's medical condition.
Example for subsection (2)(g)
Sharing a photograph or movie of a naked newborn relative.
(3) A person under the age of 16 years is taken to be incapable of consenting to the distribution of an intimate image of the person.
(4) A person who consents to the distribution of an intimate image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image on another occasion.
(5) A person who consents to the distribution of an intimate image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.
(6) A person who distributes an intimate image of the person is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.
(7) This section does not limit the grounds on which it may be established that a person does not consent to the distribution of an intimate image.
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