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Threat to Distribute Intimate Image

– Section 41DB of the Summary Offences Act 1966
Threat to Distribute Intimate ImageThreat to Distribute Intimate Image is charged where the police think someone (A) has threatened to distribute an intimate image of another person, the distribution of the image is contrary to community standards of acceptable conduct, and (A) intends that the other person will believe, or believes the other person will believe, that (A) will carry out the threat.

Examples of Threat to Distribute Intimate Image

  • Someone (A) threatens to post naked images of their ex-girlfriend to Facebook.

What are some of the possible defences to Threat to Distribute Intimate Image?

  • The accused person did not make a threat.
  • The images were not contrary to community standards.

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires and individual approach and strategy.

Questions in cases like this

  • What was the content of the images?
  • Was it the accused who made the threat?

Maximum penalty for this charge

Threat to distribute intimate image has a maximum penalty of 1 year imprisonment.
 
Legal

What is the legal definition of Threat to Distribute Intimate Image?

The legal definition of Threat to Distribute Intimate Image is when somebody (A):

  1. Makes a threat to another person (B) to distribute an intimate image of another person;
  2. The distribution of the image is contrary to community standards of acceptable conduct;
  3. (A) intends that the other person will believe, or (A) believes that the other person will probably believe, that (A) will carry out the threat.

A threat may be made by any conduct, and may be explicit or implicit.

What is the legal definition of Intimate Image?

The legal definition of ‘intimate image’ is defined in s 40 of the Summary Offences Act as:

  1. A person engaged in sexual activity; or
  2. A person in a manner or context that is sexual; or
  3. The genital or anal region of a person or, in the case of a female, the breasts.

Legislation

The section that covers this offence is section 41DB of the Summary Offences Act 1966.