Producing intimate image
53R Producing intimate image
S. 53R inserted by No. 38/2022 s. 22.
A person (A) commits an offence if—
A intentionally produces an image depicting another person (B); and
the image is an intimate image; and
A knows that the image is, or probably is, an intimate image; and
the production of the intimate image is contrary to community standards of acceptable conduct.
Examples
1 A person (A) live streams footage from a hidden camera placed in the bedroom of another person (B) to A's laptop and that footage depicts B engaging in sexual activity with another person.
2 A person (A) digitally superimposes another person's face (B) onto a photograph of a naked person taken from an online magazine.
3 A doctor taking a photo of an unconscious patient, which depicts the patient's genital region, during an operation to assist the doctor to perform a medical procedure may not be an offence against this section because of subsection (1)(d).
A person who commits an offence against subsection (1) is liable to 3 years imprisonment.
A does not commit an offence against subsection (1) if—
B is not a child; and
at the time of the production of the intimate image, B consented to—
A producing the intimate image; and
how the intimate image was produced.
Note
A mistaken but honest belief that the production of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.