Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

53R Producing intimate image

(1)A person (A) commits an offence if—

(a)A intentionally produces an image depicting another person (B); and

(b)the image is an intimate image; and

(c)A knows that the image is, or probably is, an intimate image; and

(d)the production of the intimate image is contrary to community standards of acceptable conduct.

1 A person (A) live streams footage from a hidden camera placed in the bedroom of another person (B) to A's laptop and that footage depicts B engaging in sexual activity with another person. 2 A person (A) digitally superimposes another person's face (B) onto a photograph of a naked person taken from an online magazine. 3 A doctor taking a photo of an unconscious patient, which depicts the patient's genital region, during an operation to assist the doctor to perform a medical procedure may not be an offence against this section because of subsection (1)(d).

(2)A person who commits an offence against subsection (1) is liable to 3 years imprisonment.

(3)A does not commit an offence against subsection

(1)if—

(a)B is not a child; and

(b)at the time of the production of the intimate image, B consented to—

(i)A producing the intimate image; and

(ii)how the intimate image was produced.

A mistaken but honest belief that the production of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.