Victorian Numbered Acts

CRIMES AMENDMENT (SEXUAL OFFENCES AND OTHER MATTERS) ACT 2014 (NO. 74 OF 2014) - SECT 24

In section 40 of the Summary Offences Act 1966 insert the following definitions—

""community standards of acceptable conduct", in relation to the distribution of an intimate image, includes standards of conduct having regard to the following—

        (a)     the nature and content of the image;

        (b)     the circumstances in which the image was captured;

        (c)     the circumstances in which the image was distributed;

        (d)     the age, intellectual capacity, vulnerability or other relevant circumstances of a person depicted in the image;

        (e)     the degree to which the distribution of the image affects the privacy of a person depicted in the image;

"consent" means free agreement;

"intimate image" means a moving or still image that depicts—

        (a)     a person engaged in sexual activity; or

        (b)     a person in a manner or context that is sexual; or

        (c)     the genital or anal region of a person or, in the case of a female, the breasts;".