Distribution Of an Intimate Image Of a Young Person

In the ACT, it is a criminal offence to share or distribute an intimate image of a young person. The maximum penalty of this offence is a $80,000 fine or 5 years imprisonment, or both. However, if the offence involves family violence, it is aggravated, and the maximum penalty increases to a $96,000 fine or 6 years imprisonment, or both. 

What is Distribution of an Intimate Image of a Young Person?

Pursuant to section 72D of the Crimes Act 1900 (ACT), it is an offence for a person to share an intimate image of another person, and that other person is under the age of 16. It is important to note that it is an offence to share an intimate image of a young person regardless of whether or not the young person consented to this (subject to certain defences). 

The following acts constitute an offence of Distribution of an Intimate Image of a Young Person:

• Sending a naked picture of your 14-year-old ex-girlfriend to your friends;
• Sharing an intimate video of your 15-year-old boyfriend on a web page;
• Printing out an intimate image you have of your 14-year-old ex-boyfriend and sharing the copies on your school noticeboard;
• Showing your friends naked pictures of your 13-year-old girlfriend that you saved on your mobile phone.

What Must Be Proven?

For a person to be found guilty of Distribution of an Intimate Image of a Young Person the Prosecution must prove each of the following matters beyond a reasonable doubt: 

• You shared an image; and
• You did so intentionally; and
• It was an intimate image (still or moving); and
• The person depicted in the intimate image was aged less than 16 years.

Which Court Will Hear Your Matter?

Matters related to the Distribution of an Intimate Image of a Young Person can either be heard in the Magistrates Court or the Supreme Court. If you consent to the jurisdiction of the Magistrates Court, the maximum penalty that can be imposed is a $5,000 fine and/or two years imprisonment. However, if the matter is heard in the Supreme Court the maximum penalty can be imposed.

Possible Defences for Distributing Intimate Images of a Young Person

The following defences may be available for a charge of Distributing an Intimate Image of a Young Person: 

• You honestly and reasonably believed the person was at least 16;
• The young person was at least 10 years old at the time of the offence and no more than two years younger than you and the young person agreed for their images to be shared (Similar age defence);
• that you did not share the image(s);
• that the images were shared accidentally; or 
• that you acted under duress.

Common Questions

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely.

In the ACT, a Court can impose any of the following penalties:

• Full-time imprisonment
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Fine
• Good Behaviour Order 
• Non-conviction 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for incest might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of a sexual nature can completely rule out certain career paths such as teaching and a range of government employment options. Sexual offences also often result in sentences that include imprisonment even where a person has no previous convictions. 

Will I go to Gaol?

The offence carries a maximum penalty of a term of full-time imprisonment. There is a possibility that you can be sentenced to serve a term of imprisonment if you are found guilty of, or plead guilty to, this offence. 

Related Offences

Sections 471.16 to 471.17 and 474.22 of the Criminal Code Act 1995 (Cth) states it is an offence to use a postal service or carriage service (mobile phone, internet etc.) to access, share, solicit or promote material involving a person under the age of 16. The maximum penalty for this offence is 15 years imprisonment. If a person is found guilty, they will also go on the Sex Offenders Register, which is a database of all sex offenders in Australia. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.