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4. Revenge porn
Revenge porn is considered a serious crime. It occurs when person A intentionally records or distributes an intimate image of person B without consent, knowing that person B does not consent or person A is reckless as to whether person B consents. It is equally a crime to even threaten to do this to someone.
What is revenge porn?
This is the recording or distributing of intimate images of someone else on to the internet without consent. It is usually done as an act of revenge to humiliate or punish a person.
What is an “intimate image”?
This includes private body part images, or images depicting someone engaging in a private act where a reasonable person would reasonably expect privacy.
What is the penalty?
Recording or distributing an intimate image without consent carries up to 3-years’ imprisonment or an $11,000 fine, or both, under sections 91P and 91Q of the Crimes Act.
The same maximum penalties apply to anyone who even threatens to commit this kind of offence.
The court can order anyone found guilty of this offence to remove or destroy the intimate image(s). A failure to then comply with this order carries up to 2-years’ imprisonment or $5,500, or both.
This is a type of revenge porn crime.
It is a crime to intentionally use a carriage service (such as your mobile phone or computer) or use social media, email or other form through the internet, to send a text or picture or video clip that any reasonable person would consider to be harassing, offensive or menacing. It must be private sexual material that is transmitted, made available, publicised, distributed, advertised or promoted.
What is “private sexual material”?
5. Sending unsolicited nudes or sexting or using a carriage service to harass, offend or menace
This means material that depicts a person who is, or appears to be, at least 18-years-of-age engaged in or appearing to be engaged in a sexual pose/activity and in circumstances a reasonable person would regard it as giving rise to an expectation of privacy.
It also includes material the dominant feature of which is to depict a sexual organ or anal region or a person who is, or appears to be, at least 18-years; or the breasts of a female who is, or appears to be, at least 18-years, and where the depiction is in circumstances that a reasonable person would consider as giving rise to an expectation of privacy.
What is the penalty?
The penalty for committing this crime is a maximum of 5-years’ imprisonment, prescribed under section 474.17A of the Criminal Code Act 1995 (Cth)(the Criminal Code) |
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发表于 2022-8-6 11:02
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