‘Revenge porn’ refers to the unauthorised sharing and distribution of intimate images. NSW has introduced strict new laws criminalising the sharing and publication of such images.

Under the NSW Crimes Act an intimate image means ‘an image of a person’s private parts, or of a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy’. The definition also extends to ‘an image that has been altered to appear to show a person’s private parts, or a person engaged in a private act, in circumstances in which a reasonable person would reasonably expect to be afforded privacy’.

Therefore, in NSW a person can be charged under the laws for distributing a photo that does not include nudity but has been altered to appear as those it does. A person may also be charged for threatening to share explicit images, even if they do not intend to follow through with it.

The laws impose a maximum penalty of three years imprisonment.

The Government is now in its final stages of developing a civil penalties scheme, which will impose hefty fines on offenders, in addition to criminal liability under state laws.

If you have been charged with a revenge porn offence, it is important that you get the right advice. Our expert team of criminal lawyers is here to help.  Having the right lawyer by your side can make all the difference in the world. Call us on 4902 3800 or email office@burkemeadlawyers.com.au

Image: International Business Times

 

Kathryn Cooper

Kathryn Cooper

Criminal Lawyer

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