Victorian Current Acts

CRIMES ACT 1958 - SECT 53R

    (1)     A person (A) commits an offence if—

        (a)     A intentionally produces an image depicting another person (B); and

        (b)     the image is an intimate image; and

        (c)     A knows that the image is, or probably is, an intimate image; and

        (d)     the production of the intimate image is contrary to community standards of acceptable conduct.

Examples

1     A person (A) live streams footage from a hidden camera placed in the bedroom of another person (B) to A's laptop and that footage depicts B engaging in sexual activity with another person.

2     A person (A) digitally superimposes another person's face (B) onto a photograph of a naked person taken from an online magazine.

3         A doctor taking a photo of an unconscious patient, which depicts the patient's genital region, during an operation to assist the doctor to perform a medical procedure may not be an offence against this section because of subsection (1)(d).

    (2)     A person who commits an offence against subsection (1) is liable to 3 years imprisonment.

    (3)     A does not commit an offence against subsection (1) if—

        (a)     B is not a child; and

        (b)     at the time of the production of the intimate image, B consented to—

              (i)     A producing the intimate image; and

              (ii)     how the intimate image was produced.

Note

A mistaken but honest belief that the production of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.

S. 53S inserted by No. 38/2022 s. 22.