Threaten to record or distribute intimate image

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Overview

Under Section 91R of the Crimes Act 1900 (NSW), it's an offence to threaten the recording or distribution of an intimate image. Section 91R of the Crimes Act prescribes the same penalty for individuals threatening to record or distribute an intimate image without consent, with the intention of causing fear in the other person regarding the execution of the threat. The offence carries a maximum imprisonment of 3 years and/or 100 penalty units, which is currently $11,000 According to this section, an individual is deemed guilty if:

They express or imply a threat to capture an intimate image of another person,
They proceed without the depicted person's consent, and
Their intent is to instill fear in the depicted person concerning the threat's execution.

A "threat" encompasses any behavior and can be overt or covert, contingent or absolute. To "record" signifies capturing an image through any method. An "image" refers to both static and moving visuals, regardless of modifications. An "intimate image" includes:

Pictures capturing a person's private regions or during private actions where a typical person would expect privacy, and
Modified visuals that depict private areas or acts where privacy is usually anticipated.

"Private parts" denote:

Genital or anal regions, irrespective of clothing, and
Breasts of females, including transgender or intersex identifying as female, regardless of developmental state.

A "private act" involves scenarios like undressing, restroom use, uncommon public sexual actions, or equivalent situations where general privacy is anticipated. Furthermore, NSW courts are granted the authority to issue "take down" orders, compelling offenders to take reasonable measures to recover, delete, or destroy images taken or distributed without consent. Violation of this order could result in an additional two years' imprisonment and a $5,500 fine. In summary, the new laws in NSW aim to address revenge porn by imposing significant penalties on those who engage in such malicious acts and providing courts with the power to order the removal of non-consensual intimate images.

Frequently Asked Questions

Click on the options below to learn the answers to frequently asked questions about Threaten to record or distribute intimate image .

To convict someone for the threat of recording an intimate image, the prosecution needs to convincingly demonstrate the following components of the offence:

The defendant made a threat to capture an intimate image of another individual,
The defendant acted without the depicted individual’s consent, and
The defendant’s intention was to instill fear in the depicted individual about the realisation of the threat.If the prosecution cannot substantiate each of these components to the required requirement, the case against the defendant will not be upheld.

Beyond establishing every aspect of the offence, and the aforementioned exceptions, the prosecution also bears the responsibility to refute any of these defences that we may introduce:

Duress: being under threat or compulsion,
Necessity: acting to prevent imminent harm,
Self-defence: acting to protect oneself or another.