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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (8FAAB) - Producing, distributing or threatening to distribute intimate images
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).
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
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
(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.