Australian Capital Territory Current Acts

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Threaten to capture or distribute intimate images

    (1)     A person commits an offence if—

        (a)     the person threatens to capture or distribute an intimate image of another person; and

        (b)     the person—

              (i)     intends the other person to fear that the threat would be carried out; or

              (ii)     is reckless about whether the other person would fear that the threat would be carried out.

Maximum penalty:

        (a)     for an aggravated offence—400 penalty units, imprisonment for 4 years or both; or

        (b)     in any other case—300 penalty units, imprisonment for 3 years or both.

Note     Section 72EA (Aggravated offences—pt 3A offences involving family violence) makes provision in relation to an aggravated offence against this section.

    (2)     In a prosecution for an offence against this section—

        (a)     a threat may be made by any conduct whether explicit, implicit, conditional, or unconditional; and

        (b)     it is not necessary to prove that the other person actually feared that the threat would be carried out; and

        (c)     a person may be found guilty even if carrying out the threat is impossible.

Examples—par (c)

              •     the image does not exist

              •     technical limitations prevent the person from capturing or distributing the image

    (3)     In this section:

"capture intimate image"—a person captures an intimate image of another person if the person captures an image of the other person, with a camera or by any other means, in such a way that—

        (a)     a recording is made of the image; or

        (b)     the image is capable of being transmitted in real time, with or without retention or storage, in a physical or electronic form; or

        (c)     the image is otherwise capable of being distributed.

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