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.

53S Distributing intimate image

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

(a)A intentionally distributes 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 distribution of the intimate image is contrary to community standards of acceptable conduct.

1 A person (A) intentionally posts a photograph of another person (B) on a social media website without B's consent and the photograph depicts B engaged in a sexual activity. 2 A person (A) sends a photograph of a person (B) to another person (C) using an instant messaging service without B's consent and the photograph depicts B's genital or anal region. 3 A parent emailing a photo of their naked newborn child to a family member or a friend 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 distribution of the intimate image, B consented to—

(i)A distributing the intimate image; and

(ii)how the intimate image was distributed.

(4)A does not commit an offence against subsection

(1)if—

(a)B is not a child; and

(b)the intimate image had been distributed previously in a place to which members of the public had access, irrespective of whether—

(i)that place was accessible on the Internet or not; and

(ii)access was free or for a payment of a fee; and

(c)B consented, or a reasonable person would believe that B consented, to that previous distribution; and

(d)in all the circumstances, a reasonable person would believe that B consented to the distribution of the intimate image to which the charge relates.

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