New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 91O

91O Meaning of consent in intimate image offences

(1) This section applies to all offences under this Division.

(2) A person consents to the recording of an intimate image if the person freely and voluntarily agrees to the recording of the intimate image.

(3) A person consents to the distribution of an intimate image if the person freely and voluntarily agrees to the distribution of the intimate image.

(4) A person who consents to the recording or distribution of an image on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording or distribution of that image or any other image on another occasion.

(5) A person who consents to the distribution of an image to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of that image or any other image to another person or in another way.

(6) A person who distributes an image of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the image.

(7) A person does not consent to the recording or distribution of an intimate image--

(a) if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or

(b) if the person does not have the opportunity to consent because the person is unconscious or asleep, or

(c) if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or

(d) if the person consents because the person is unlawfully detained.

(8) This section does not limit the grounds on which it may be established that a person does not consent to the recording or distribution of an intimate image.