Intimate image offences — sometimes called image-based abuse or “revenge porn” — cover producing, distributing or threatening to distribute intimate images without consent, and now expressly include digitally altered images such as deepfakes. McMahon Criminal Defence Lawyers defends these charges across Victoria on fixed fees. See also our main sexual offences page.
The Three Offences (Sections 53R–53T)
Since 30 July 2023, three intimate image offences sit in the Crimes Act 1958:
- Producing an intimate image (section 53R);
- Distributing an intimate image (section 53S); and
- Threatening to distribute an intimate image (section 53T).
Each carries a maximum penalty of 3 years’ imprisonment, and the offences are indictable — a significant escalation from their former place in the Summary Offences Act. The definition of “producing” expressly extends to digitally created or altered images, including superimposing a person’s face onto an intimate image (deepfakes).
What the Prosecution Must Prove
For the production and distribution offences, the prosecution must prove the production or distribution of an image, that the image is an intimate image, that the accused knew it was an intimate image, and that the conduct was contrary to community standards of acceptable conduct. The intimate image offences have their own consent and deemed non-consent provisions (sections 53P and 53Q).
Context: Relationships and Family Violence
These charges commonly arise in the breakdown of relationships, and frequently travel alongside intervention order proceedings and other family violence allegations — conduct of this kind can itself constitute family violence. Where they arise together, they should be handled under a single coherent strategy.
Defending the Charge
- Consent — under the offences’ own consent provisions;
- The image is not an “intimate image” as defined;
- The conduct was not contrary to community standards in the circumstances;
- Statutory exceptions apply; and
- Identity or factual dispute.
Note that the court can order disposal of intimate images even where the accused is acquitted, and the DPP’s consent is required to prosecute an accused under 16.
If you have been charged, contact us for confidential advice.
Frequently Asked Questions
What is the penalty for sharing an intimate image without consent?
Distributing an intimate image without consent under section 53S of the Crimes Act 1958 carries a maximum of 3 years’ imprisonment. Producing such an image (s 53R) and threatening to distribute one (s 53T) carry the same maximum. All three are indictable offences.
Do the intimate image offences cover deepfakes?
Yes. The definition of ‘producing’ an intimate image expressly extends to digitally created or altered images, including superimposing a person’s face onto an intimate image. So-called deepfakes can therefore fall within these offences.
What does the prosecution have to prove?
For producing or distributing, the prosecution must prove the production or distribution of an image, that it is an intimate image, that you knew it was an intimate image, and that the conduct was contrary to community standards of acceptable conduct. The offences have their own consent provisions.
Can these charges arise from a relationship breakdown?
Very commonly. Intimate image offences frequently arise during or after relationship breakdowns and often accompany family violence allegations and intervention order proceedings. Conduct of this kind can itself constitute family violence, so the matters should be handled together.
Can the images be ordered destroyed even if I’m found not guilty?
Yes. The court has power to order the disposal of intimate images even where the accused is acquitted. In addition, the DPP’s consent is required to prosecute an accused who is under 16.
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