Barsha Defence Lawyers

Book FREE Consultation

Threatening to Record or distribute an intimate image

sexual offences

The offence of threatening to record or distribute an intimate image is found in section 91R of the Crimes Act 1900 (NSW) which deems a person guilty if they Threaten to record or distribute an intimate image without consent of the other person.

You could be charged with Threatening to record or distribute an intimidate image if:

  1. You have threatened to record a sexual encounter without the knowledge or consent of the other person;
  2. You have threatened to upload or distribute an intimate image online.

What must the prosecution prove?

Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.

The prosecution must prove the following beyond reasonable doubt:

  • You threatened to record an intimate image of another person without consent
  • You intended to cause that other person to fear that the threat will be carried out
  • You threatened to distribute an intimate image of another person without consent
  • You intended to cause that other person to fear that the threat will be carried out.

What are the maximum penalties for this offence?

The maximum penalty for Threatening to record an intimate image in NSW is:

  • Three years imprisonment and/or $11,000.00 fine.

What are the defintions? 

An ‘intimate image’ is defined as:

  • A person’s private parts, or a person engaged in a private act,
  • An image altered to appear to show a person’s private parts, or
  • The person engaged in a private act, where privacy would reasonably be expected.

‘Private Parts’ encompass:

  • The genital or anal area, whether exposed or covered by underwear,
  • The breasts of a female, or transgender or intersex person identifying as female.

A ‘Private Act’ includes:

  • Undressing,
  • Using the toilet, showering, or bathing,
  • Engaging in a sexual act not typically done in public, or
  • Similar activities.

What are the Possible Defences?

When facing a charge of distributing intimate images without consent, several defences can be pursued:

  1. Lack of Intent

    The accused may argue that they did not intend to cause the person to fear that the threat would be carried out. This defence asserts that any actions taken were not driven by malicious intent or a desire to harm the individual depicted in the images.

  2. Consent

    Another defence may involve demonstrating that the person depicted in the images consented to their distribution or recording. This defence relies on evidence or testimony proving that the individual willingly participated in the creation or dissemination of the intimate images.

  3. Duress

    It is also possible to assert that the accused acted under duress, meaning they were compelled to distribute the images against their will due to threats or coercion. This defence acknowledges that the accused may have been subject to external pressure or circumstances beyond their control.

Each of these defences requires careful consideration of the specific circumstances surrounding the alleged offence. A skilled criminal defence lawyer can assess the viability of these defences and craft a strategic legal approach to protect the rights and interests of the accused.

What are your options at Law?

If you are facing charges of Threatening to record/distribute an intimate image without consent, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:

  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

Which Court Will Handle Your Case?

This case falls under Table 2 offenses, allowing the Director of Public Prosecutions (DPP) to opt for the District Court to handle the matter. If no such choice is made, it will be addressed in the Local Court.

What Happens If the Individual Is Under 16?

If the accused person is under 16 years old, prosecution cannot proceed without the approval of the Director of Public Prosecutions. If the depicted individual in the image or video is also under 16, the accused is more inclined to face charges related to child abuse material.

Types Of Penalties

In New South Wales (NSW), a court has the authority to impose various penalties for charges of distributing intimate images without consent. These penalties may include:

  1. Prison Sentence: The court may order a term of imprisonment as a penalty for the offence, depending on the severity of the circumstances and the offender’s criminal history.

  2. Home Detention: In certain cases, the court may allow the offender to serve their sentence under home detention, where they are required to remain at a specified location under electronic monitoring.

  3. Intensive Corrections Order (ICO): An ICO involves serving a sentence in the community under strict supervision and compliance with specified conditions, such as community service, rehabilitation programs, and regular reporting to authorities.

  4. Suspended Sentence: The court may suspend the imposition of a prison sentence on the condition that the offender complies with certain requirements, such as good behaviour and participation in rehabilitation programs.

  5. Community Service Order (CSO): A CSO requires the offender to perform unpaid work in the community as a form of punishment, typically for a specified number of hours.

  6. Community Corrections Orders (CCO): Similar to a CSO, a CCO imposes conditions on the offender, such as community service, treatment programs, or supervision by corrections officers.

  7. Good Behaviour Bond: A good behaviour bond requires the offender to adhere to specific conditions, such as refraining from further criminal conduct and attending counselling or rehabilitation programs. Breaching the bond may result in further penalties.

  8. Fine: The court may impose a financial penalty on the offender as punishment for the offence, with the amount determined based on the severity of the offence and the offender’s financial circumstances.

  9. Section 10A: Under Section 10A of the Crimes (Sentencing Procedure) Act 1999, the court may dismiss the charge without recording a conviction, subject to certain conditions, such as entering into a good behaviour bond or participating in rehabilitation programs.

  10. Conditional Release Order (CRO): A CRO allows the court to release the offender into the community under specified conditions, without recording a conviction. Breaching the conditions may result in further penalties.

  11. Section 10: Similar to Section 10A, Section 10 of the Crimes (Sentencing Procedure) Act 1999 allows the court to dismiss the charge without recording a conviction, typically for first-time offenders or where the offence is minor.

The choice of penalty depends on various factors, including the nature of the offence, the offender’s circumstances, and the court’s discretion. Seeking legal advice from experienced criminal defence lawyers can help navigate the sentencing process and advocate for the most favourable outcome.

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.

Charged Threatening to record/distribute an intimate image without consent? 

Have you been charged with Threatening to record/distribute an intimate image without consent? Contact our team today to book your first free consultation. Our experienced legal team is here to provide the support and guidance you need during this difficult time. Threatening to record or distribute intimate images without consent is a significant legal matter that requires expert handling. Whether you’re facing accusations or seeking legal advice, our dedicated team is ready to assist you every step of the way. Our knowledgeable and specialist crimninal defence lawyers will assess your case thoroughly and provide personalized legal strategies tailored to your situation. With our expertise in defending against such charges, you can trust us to fight for your rights and achieve the best possible outcome for your case. Don’t delay—reach out to us now to ensure your legal rights are protected and to take the first step towards resolving this matter effectively.

Enquire Today