Revenge Porn Law Charges in NSW

Revenge Porn Law NSW  – Lawyers Sydney 

Revenge Porn is a term commonly used to describe the distribution of intimate images of ex-partners following the end of a relationship, however the law in NSW now criminalises the recording and distribution of intimate images in a range of situations. Committing a ‘revenge porn’ crime or recording and/or distributing an intimate image of another is a serious criminal offence.

If you have been charged with a recording and distributing intimate images crime contact George Sten & Co Criminal Lawyers. With over 50 years of experience in defending serious criminal charges, George Sten & Co are experts in providing high quality criminal defence services to anyone charged with a crime in NSW.

Advances in technology now allows for the recording and sharing of images and videos extremely easily. This has also allowed for the sharing of intimate images and consequently in NSW and other States we have seen the introduction of legislation to prevent the recording and distribution of intimate images without the consent of those recorded.

Revenge Porn Law NSW

Revenge Porn, or Recording and Distributing Intimate Images is a crime in NSW under Division 15C of the Crimes Act. Under this Division, a person who records and/or distributes an intimate image without the consent of the person in the image, is guilty of an offence. ‘Image’ is defined in this Division as both “a still or moving image, whether or not altered”. A person found guilty of an offence under Division 15C is liable to a maximum penalty of 100 penalty units ($11,000.00), 3 years imprisonment or both.

Significantly, it is also an offence under Section 91R to threaten to record and/or distribute an intimate image. Under this section, it does not matter whether the threat is conditional or unconditional, or whether the threatened person actually feared that the threat would be carried out. A person may also be guilty of an offence under this section if they threaten to distribute an intimate image, even if one does not exist at the time the threat is made.

A major element that must be established by the police in proving that an offence has been committed under Division 15C is that there was a lack of consent by the person in the image. The meaning of consent in relation to this division is addressed in Section 91O. Essentially, a person consents to the recording and/or distribution of an intimate image if they ‘freely and voluntarily agree’ to the recording or distribution.

Revenge Porn Law NSW

Importantly, just because a person agrees to the recording and/or distribution of an intimate image on one occasion, does not mean they agree to it on another occasion. Further, just because a person agrees to the recording and/or distribution of an intimate image to one person does not mean they agree to the distribution to another person. Also, just because a person distributes an intimate image of him or herself, does not mean they consent to the distribution of that image to another person.

A person who is under the age of 16 cannot legally consent to the recording and/or distribution of an intimate image of themselves. The law under this section is drafted very specifically and criminalises a range of acts relating to the recording and/or distribution of intimate images. For this reason, it is essential to speak with an expert criminal defence lawyer if you have been charged with a crime in relation to the recording or distribution of an intimate image.

Under Section 91T a court may take into consideration a number of factors including the nature and content of the image, the circumstances in which the image was recorded or distributed and the relationship between the accused person and the person depicted in the image. 

Revenge Porn Defence

There are a number of ways a charge under Division 15C may be defended, depending on the facts of a particular case and the particular charge a person is facing. Frequently, ‘consent’ is a major point of question. Where a person is charged with Record intimate image without consent or Distribute intimate image without consent, the police must prove that the person in the image did not consent to the recording and/or distribution of the relevant image. It may be possible to prove that consent was given to the recording and/or distribution of the relevant image.

Secondly, the police must prove that the person charged with the offence intentionally committed the act of recording or distributing the relevant image. It may therefore be possible to prove that the alleged act was not committed intentionally.

If you have been charged with an offence under Division 15C of the Crimes Act, it is essential an expert criminal defence lawyer represents you to ensure the best possible outcome is achieved. This may include having the matter thrown out due to insufficient evidence, a finding of not guilty, a Section 10 (no conviction recorded) or a small fine.

If a person is found guilty of an offence involving the recording and/or distribution of an intimate image, a judge may impose a number of different penalties, depending on the facts of the particular case.

For more information, contact George Sten & Co Criminal Lawyers. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at georgesten@criminal-lawyer.com.au.