Victorian Current Acts

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CRIMES ACT 1958 - SECT 53P

Meaning of consent

    (1)     Consent, in relation to the production or distribution of an intimate image, means free and voluntary agreement.

    (2)     A person does not consent to the production of an intimate image just because they consented to the production of a different intimate image (including an intimate image produced on a different occasion or in a different way).

Example

Consenting to a photograph being taken but not a video being recorded.

    (3)     A person does not consent to the distribution of an intimate image just because they—

        (a)     consented to the distribution of that intimate image—

              (i)     on a different occasion; or

              (ii)     in a different way; or

Example

Consenting to a photograph being emailed to another person but not uploaded to a social media website.

        (b)     consented to the distribution of a different intimate image; or

        (c)     consented to the production of that intimate image or a different intimate image; or

        (d)     distributed that intimate image or a different intimate image; or

        (e)     in the case of distribution of an intimate image to a particular person, consented to the distribution of that intimate image to a different person.

S. 53Q inserted by No. 38/2022 s. 22.



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