Queensland Numbered Acts

CRIMINAL CODE (NON-CONSENSUAL SHARING OF INTIMATE IMAGES) AMENDMENT ACT 2019 - SECT 9

9 Insertion of new ss 229A and 229AA

After section 229 —
insert —

229A Threats to distribute intimate image or prohibited visual recording

(1) A person commits a misdemeanour if—

(a) the person makes a threat to another person to distribute an intimate image or prohibited visual recording of the other person—

(i) without the other person’s consent; and

(ii) in a way that would cause the other person distress reasonably arising in all the circumstances; and

(b) the threat is made in a way that would cause the other person fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (1)—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and the other person

Penalty—

Maximum penalty—3 years imprisonment.

(2) A person commits a misdemeanour if—

(a) the person makes a threat to another person (
"person A" ) to distribute an intimate image or prohibited visual recording of another person (
"person B" )—

(i) without person B’s consent; and

(ii) in a way that would cause either person A or person B distress reasonably arising in all the circumstances; and

(b) the threat is made in a way that would cause person A fear, reasonably arising in all the circumstances, of the threat being carried out.

Examples of circumstances for subsection (2)—

• the circumstances surrounding the threat

• the relationship, if any, between the person who makes the threat and person A or person B

Penalty—

Maximum penalty—3 years imprisonment.

(3) For subsections (1) and (2) it is immaterial whether—

(a) the intimate image or prohibited visual recording exists or does not exist; or

(b) the person who makes the threat intends to cause, or actually causes, the fear mentioned in the subsection.

(4) For subsections (1)(a)(i) and (2)(a)(i), a child under the age of 16 years is incapable of giving consent.

(5) In this section—

"consent" means consent freely and voluntarily given by a person with the cognitive capacity to give the consent.

229AA Rectification order—offence against s 223, 227A, 227B or 229A

(1) If a person is convicted of an offence against section 223(1), 227A(1) or (2), 227B(1) or 229A(1) or (2) the court may order the person to take reasonable action to remove, retract, recover, delete or destroy an intimate image or prohibited visual recording involved in the offence within a stated period.

(2) A person who fails to comply with an order made under subsection (1) commits a misdemeanour.

Penalty—

Maximum penalty—2 years imprisonment.