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New Criminal offence - Intimate Images

Amanda Quin - Monday, September 04, 2017



In our modern age it has become common for people to record and photograph everything even intimate images and actions. This has led to spurned lovers or ex partners publishing explicit photos or videos of their ex-partner without consent on the internet usually via social media.

The Crimes Amendment (Intimate Images) Act 2017 (NSW) was recently passed criminalising this technological form of stalking and abuse. 

There are four new offences:

  • 1.intentionally recording an intimate image of another person without consent;
  • 2.intentionally distributing an intimate image of another person without consent;
  • 3.threatening to record and or distribute an intimate image of another person without consent; and
  • 4.failing to take down or destroy an intimate image recorded or distributed without consent when ordered by the courts to do so.

Penalties for being found guilty of the above offences include up to 3 years in prison, an $11,000 fine or both.

A person under the age of 16 cannot give consent and offenders under the age of 16 may also be liable, however there are some special rules surrounding an offer under the age of 16.

The new laws are a response to sexual, domestic and family violence and a timely message that such behaviour is not humorous but criminal.

Blog author: Geoff Yeo