South Australian Current Acts South Australian Current Acts26DA—Threat to distribute invasive image or image obtained from indecent
filming
(a)
threatens to distribute an invasive image of a person; and
(b)
intends to arouse a fear that the threat will be, or is likely to be, carried
out, or is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
Maximum penalty:
(a) if
the invasive image is of a person under the age of
17 years—$10 000 or imprisonment for 2 years;
(b) in
any other case—$5 000 or imprisonment for 1 year.
(a)
threatens to distribute an image obtained by the indecent filming of a person;
and
(b)
intends to arouse a fear that the threat will be, or is likely to be, carried
out, or is recklessly indifferent as to whether such a fear is aroused,
is guilty of an offence.
Maximum penalty:
(a) if
the person filmed was under the age of 17 years—$10 000 or
imprisonment for 2 years;
(b) in
any other case—$5 000 or imprisonment for 1 year.
(3) It is a defence to
a charge of an offence against subsection (1) or (2) to prove—
(a)
that—
(i)
the person filmed consented to that particular
distribution of the image the subject of the filming; or
(ii)
the person consented to distribution of the image the
subject of the filming generally; and
(b) that
the person had not, at the time of the alleged offence, withdrawn consent to
the distribution of the image.
(4) This section
applies to a threat directly or indirectly communicated by words (written or
spoken) or by conduct, or partially by words and partially by conduct, and may
be explicit or implicit.