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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Filming and Sexting Offences) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
4Amendment of heading to Part 5A
5Amendment of section
26A—Interpretation
6Amendment of section 26B—Humiliating or
degrading filming
7Amendment of section 26C—Distribution of
invasive image
8Amendment of section 26D—Indecent
filming
26DAThreat to
distribute invasive image or image obtained from indecent filming
10Amendment of section 26E—General
provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Filming and Sexting
Offences) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
4—Amendment
of heading to Part 5A
Heading to Part 5A—after "Filming" insert:
and sexting
5—Amendment
of section 26A—Interpretation
(1) Section 26A—after the definition of carriage service
provider insert:
cognitive impairment includes—
(a) a developmental disability (including, for example, an intellectual
disability, Down syndrome, cerebral palsy or an autistic spectrum
disorder);
(b) an acquired disability as a result of illness or injury (including,
for example, dementia, a traumatic brain injury or a neurological
disorder);
(c) a mental illness;
(2) Section 26A, definition of film—delete "moving or
still"
(3) Section 26A—after the definition of humiliating or
degrading filming insert:
image means a moving or still image, and includes an image
that has been altered by digital or other means;
(4) Section 26A, definition of invasive image—delete
the definition and substitute:
invasive image—see subsections (2) and (3);
(5) Section 26A, definition of private act—after
paragraph (a) insert:
(ab) an act carried out in a sexual manner or context; or
(6) Section 26A, definition of private region—after
"anal region" insert:
, or in the case of a female, the breast,
(7) Section 26A—after its present contents as amended by this
section (now to be designated as subsection (1)) insert:
(2) For the purposes of this Part, an image of a person will be taken to
be an invasive image of the person if it depicts the person in a
place other than a public place—
(a) engaged in a private act; or
(b) in a state of undress such that—
(i) in the case of a female—the breasts are visible; or
(ii) in any case—the bare genital or anal region is
visible.
(3) However, an image
of a person that falls within the standards of morality, decency and propriety
generally accepted by reasonable adults in the community will not be taken to be
an invasive image of the person.
6—Amendment
of section 26B—Humiliating or degrading filming
Section 26B(2)—delete "a moving or still" and substitute:
an
7—Amendment
of section 26C—Distribution of invasive image
Section 26C(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) if the invasive image is of a minor—$20 000 or imprisonment
for 4 years;
(b) in any other case—$10 000 or imprisonment for 2
years.
8—Amendment
of section 26D—Indecent filming
(1) Section 26D(3)—delete "a moving or still" and
substitute:
an
(2) Section 26D(4)(c)—delete "moving or still"
After section 26D insert:
26DA—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 minor—$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 a minor—$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.
10—Amendment
of section 26E—General provisions
(1) Section 26E(1)(a)—delete "16 years of age or mentally
incapacitated" and substitute:
the age of 17 years or with a cognitive impairment
(2) Section 26E(3)—delete "moving or still"