Australian Capital Territory Current Acts

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Aggravated offences—pt 3A offences involving family violence

    (1)     This section applies to an offence against any of the following provisions:

        (a)     section 72C (Non-consensual distribution of intimate images);

        (b)     section 72D (Distribution of intimate image of young person);

        (c)     section 72E (Threaten to capture or distribute intimate images).

    (2)     The offence is an aggravated offence if the offence involves family violence.

    (3)     If the prosecution intends to prove that the offence is an aggravated offence, the factors of aggravation must be stated in the charge.

    (4)     To remove any doubt, it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation.

    (5)     In this section:

"factor of aggravation" means the matter mentioned in subsection (2).

Note     The following sections also provide that particular offences involving family violence are aggravated offences:

        (a)     s 48C (Aggravated offences—pt 2 offences involving family violence);

        (b)     s 72AA (Aggravated offences—pt 3 offences involving family violence);

        (c)     s 116 (Destroying or damaging property).

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