South Australian Current Acts

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26C—Distribution of invasive image

        (1)         A person who distributes an invasive image of another person, knowing or having reason to believe that the other person—

            (a)         does not consent to that particular distribution of the image; or

            (b)         does not consent to that particular distribution of the image and does not consent to distribution of the image generally,

is guilty of an offence.

Maximum penalty:

            (a)         if the invasive image is of a person under the age of 17 years—$20 000 or imprisonment for 4 years;

            (b)         in any other case—$10 000 or imprisonment for 2 years.

        (2)         It is a defence to a charge of an offence against this section to prove—

            (a)         that the conduct constituting the offence—

                  (i)         was for a purpose connected to law enforcement; or

                  (ii)         was for a medical, legal or scientific purpose; or

            (b)         that the image was filmed by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the image was for a purpose connected with that claim.

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