Distributing an Intimate Image ('Revenge Porn’) Offences Lawyer Melbourne

Distribution of an intimate image without consent is a criminal offence.

This is an image-based sexual offence. The law in Victoria has changed in relation to this offending, and as a consequence, this type of offending is treated more seriously by the Courts.

It is a criminal offence to produce, distribute, or threatened to distribute an intimate image.

The Victorian government has increased the sentence that can now be imposed for this type of criminal offending.

A person cannot produce or distribute images that are intimate without the consent of the person depicted in the image.

Section 53C of the Crimes Act 1958 states that a person commits an offence if:

  • The person intentionally distributes an image depicting another person; and
  • The image is an intimate image; and
  • The person distributing the image knows the image is, or probably is, an intimate image; and

  • The distribution of the intimate image is contrary to community standards of acceptable conduct.


It is not an offence if at the time of the distribution of the image the person depicted in the image consented to:

  • the person distributing the intimate image; and
  • how the intimate image was distributed.

This is a serious offence, and a person who commits this offence is liable to 3 years imprisonment.

This offending is sometimes referred to as ‘revenge porn’.

This offending sometimes occurs in the context of acrimonious relationship breakdowns. Sometimes couples during their relationship share intimate images with each other. When the relationship breaks down sometimes one person of the relationship shares an intimate image of their former partner with others, to embarrass, humiliate or harm their former partner. It is considered to be destructive conduct with serious consequences for the victim and the perpetrator.

Note – If the image is of someone under the age of 18, then the offending is completely different. It falls into the category of CAM (Child Abuse Material). It is considered a ‘child sex offence’.

If you are being investigated for, or have been charged with, the offence of Distributing an Intimate Image, call Criminal Lawyer Elizabeth McKinnon immediately for expert legal advice.

The consequences of a criminal record can change your life. It is critical that you engage an expert in criminal law.

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