Revenge Porn is the colloquial term that often refers to capturing or distributing intimate images unlawfully. This type of offence is captured under sections 91P and 91Q of the Crimes Act 1900 (NSW).

Section 91P of the Act provides that it is an offence to record an intimate image without consent. The maximum penalty for this offence is a fine of $11,000 or 3 years imprisonment or both.

Section 91Q of the Act makes it unlawful to distribute an intimate image without consent. The maximum penalty for distributing intimate images is $11,000 or 3 years imprisonment or both.

It is important to understand that despite these offences being referred to as ‘revenge’ porn, it is not necessary for the prosecution to prove that there was a motivation of ‘revenge’ when capturing or distributing the intimate images.

For more information on potential penalties, please see our sentencing page.

An intimate image under the Act includes any image of a person’s private parts or of a person engaged in a private act. This is not restricted to ‘sexual acts’ and may include things such as unlawfully taking images of a person in the shower. Under the Act, an ‘image’ refers to both still pictures as well as videos.

It is also an offence to threaten to capture or distribute an intimate image without consent under section 91R of the Act. Threatening to share intimate images is a serious offence and may carry a maximum penalty of up to 3 years imprisonment and/or a $11,000 fine.

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