Offences Involving the Non-Consensual Sharing of Intimate or Sexual Images
Western Australian and Commonwealth laws make it a serious criminal offence to share or distribute intimate or sexual images of another person without their consent.
These offences are often described as “revenge porn” or image-based abuse, and they apply whether the material was shared electronically, uploaded online, or otherwise made available to others.
At Perrella Legal, we provide discreet, experienced, and confidential legal representation for people accused of intimate image or online sexual material offences. We understand how distressing these allegations can be and act quickly to protect your rights, reputation, and future.
Intimate Image Offences – Western Australia
Under Chapter XXVA of the Criminal Code (WA), it is an offence to distribute an intimate image of a person without their consent. These laws were introduced by the Criminal Law Amendment (Intimate Images) Act 2019 to protect individuals from the unauthorised sharing of private or sexual material.
What Is an “Intimate Image”?
An intimate image includes any photo or video showing a person:
- Naked or partly undressed;
- Using the toilet, showering, or bathing;
- Engaged in a sexual act; or
- That has been digitally altered (e.g. a “deepfake”) to appear this way.
It applies in situations where the person would reasonably expect privacy.
What Does “Consent” Mean?
Consent must be freely and voluntarily given.
There is no consent if the image was obtained or shared through:
- Threats, intimidation, force, deceit, or fraud;
- A situation involving a person under 16 years of age; or
- Where consent was limited to a specific person or purpose.
Sharing an image once does not mean permission to share it again or with others.
What Is “Distribution”?
Distribution includes:
- Sending or showing the image to others;
- Uploading or making it available online; or
- Arranging for someone else to access it.
Even privately sharing an image (e.g. by text or direct message) may amount to distribution.
Penalties
It is a criminal offence to distribute an intimate image without consent.
- On indictment: up to 3 years’ imprisonment.
- On summary conviction: up to 18 months’ imprisonment and a fine of $18,000.
Defences
A person charged may have a defence if the image was shared:
- For a genuine medical, scientific, educational, or legal purpose;
- For a legitimate media or journalistic purpose, without intent to harm and in the public interest; or
- In circumstances where a reasonable person would consider the sharing acceptable, having regard to privacy, relationship, and context.
Court Powers
The court may order a person charged to:
- Remove or destroy the image(s); or
- Forfeit the material to the State.
Failing to comply can lead to an additional penalty of up to 12 months’ imprisonment and a $12,000 fine.
Commonwealth Offence – Using a Carriage Service to Transmit Sexual Material Without Consent
Under sections 474.17A and 474.17AA of the Criminal Code Act 1995 (Cth), it is an offence to use the internet, mobile phone, or any carriage service to transmit sexual material of an adult without their consent.
Elements of the Offence
A person commits this offence if they:
- Use a carriage service (such as the internet, social media, or messaging platforms) to transmit material of another person;
- The person depicted is, or appears to be, 18 years or older;
- The material depicts or appears to depict that person:
- Engaging in a sexual act or pose;
- Exposing genitals or anal region; or
- (If female) exposing breasts; and
- The sender knows, or is reckless as to whether, the person consents.
“Recklessness” includes not giving any thought to whether consent exists.
The maximum penalty is 6 years’ imprisonment.
This offence also applies to AI-generated or altered images, such as deepfakes that realistically depict a person in a sexual way.
Exceptions and Defences
The offence does not apply where the transmission:
- Was necessary for law enforcement, court proceedings, or genuine medical/scientific purposes; or
- Would be considered acceptable by a reasonable person, considering factors such as the material’s nature, the relationship between the parties, and the impact on privacy.
The accused must provide some evidence that an exception applies.
Aggravated Offences – Higher Penalties
Two aggravated versions of the Commonwealth offence carry a maximum penalty of 7 years’ imprisonment:
- Repeat Online Safety Breach – where the person has had three or more prior civil penalty orders under the Online Safety Act 2021 for similar conduct.
- Creation or Alteration Aggravation – where the offender created or digitally altered the sexual material transmitted without consent (for example, producing or editing an image or generating a deepfake).
A person cannot be convicted of an aggravated offence if they have a valid defence to the base offence.
In Summary
Both WA and Commonwealth laws make it a serious criminal offence to share, publish, or transmit intimate or sexual material of another person without their consent — whether real, altered, or AI-generated.
Convictions can result in imprisonment of up to 6 or 7 years, significant fines, and orders to remove or destroy the material.
At Perrella Legal, we provide expert, discreet, and confidential defence for clients accused of intimate image or online sexual material offences.
We understand the highly sensitive nature of these matters and work to protect your legal rights, privacy, and future.
Contact Perrella Legal today for confidential advice from an experienced criminal defence lawyer in Perth.
