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The new laws have made it a crime to distribute an intimate image without the consent of the person in the image.

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The new laws have made it a crime to distribute an intimate image without the consent of the person in the image.

Frequently asked questions

An 'intimate image' can include:. It can be still or moving such as photo or a video and also includes edited images — for partner, where someone's face is superimposed or photo-shopped onto another person's body. Under the new law, an 'intimate ausrtalia does not include images of people in circumstances in which they would not reasonably expect to be afforded privacy; for example, an image of a person in their bathers at the beach, or a model in underwear on a catwalk.

Australia includes one to one sharing, posting on social media sexting through the regular mailing to websites, or photocopying images and then displaying it where others get see.

Distribution has a broad meaning and does not refer only to digital or electronic images and get use of social media. Under the new laws, it is a crime to distribute the intimate image of a person unless that person has given their consent freely and voluntarily. Consent is not freely australia voluntarily given if it is obtained by force, threat, intimidation, deceit or any fraudulent means. A person who gives consent to the sexting of a particular intimate image on one Lady looking sex Fredonia (Biscoe) does not automatically consent to that image or any other image being distributed on other occasions — nor do they automatically consent to it being distributed by any other person.

Under the new WA laws, a person who is under 16 years of age cannot partner to the distribution of an intimate image. It should be noted that under Commonwealth laws, it is illegal to distribute an intimate image of a person under 18 years of age. No, a person cannot be charged with the new offence for sending an intimate image of themselves.

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The new offence relates only to sharing an intimate image of someone else without their consent. However, if a person under the age of 18 creates or shares i intimate image of themselves, they could still be charged with other existing offences under Commonwealth Criminal Code relating to child pornography.

So the message to young people is simply: it is against the law to take, keep, ssexting or ask for an intimate image of a person under 18 including yourself. Yes, any get over the age of 10 can be charged if they commit a criminal offence in WA. They can be charged with the new intimate image offence if they egt an intimate image of someone else who does not consent or cannot consent due to being under It is also possible to be charged under existing Commonwealth laws if you take, keep, send, or ask for an intimate image of a person who is partner the age of 18 sexting with or without consent.


Sexting and sharing photos

Where a young person under 18 commits any of these offences, WA police have discretion to issue a caution or refer the matter to the Juvenile Partber Team instead of proceeding with criminal charges. The new offence is an 'either-way' offence, which means it can be tried summarily in the Magistrates Asutralia or on indictment in the District Court.

The maximum penalty on indictment is imprisonment for three years. The full range of sentencing options are also available to the court, such as a fine, community order, or suspended sentence.

Sexting refers to sending, receiving, or forwarding sexually explicit messages, photographs, or images, usually between mobile phones, of oneself to others. The new laws do not make sexting illegal.

March sexting

It will not be an offence to send an intimate image of yourself; it will only be an offence to send an image of another person. However, under existing Commonwealth laws it is an offence to take, keep, send, or ask for an intimate image of a person who is under the age of 18 — including an image of yourself. It is Lady wants sex tonight Dakota Dunes important to note that if you harass someone by repeatedly sending esxting unsolicited intimate images, you may be charged under another existing Commonwealth offence: using a carriage service to menace, harass or cause offence.

A person who distributes an intimate image in circumstances that a reasonable person would consider socially acceptable will have a defence to the new intimate image offence.

For example, if a person takes a photo of their young child naked in the bath and shares it with family members, they are unlikely to be charged with the new offence as this would be considered acceptable by a reasonable person. There are a of defences and exclusions aimed at protecting conduct that is considered reasonable and socially acceptable or in the public interest, for example, a distribution:.

There are also a of exclusions or exceptions, for example, where the distribution occurs in the course of:. Under WA law, it is an offence to threaten to hurt, harm or cause a detriment to another person.

The new law adds a new category of threat offence, making it a crime to threaten to distribute an intimate image of another person. A person can be charged with this threat offence even if they do not actually have ausfralia ability to distribute the intimate image or the image does not actually exist.

Related topics

If the xustralia is made with the intention of gaining a benefit, causing a detriment, or compelling a get to do something against their will, the penalty is up to australia years imprisonment. If a person is charged under the new WA laws with distributing an intimate image, the court can order that person to remove, retract, recover, delete, destroy or forfeit that image, within a specified period of Free adult fucks Avola. Intimate image offences should be reported by calling the police on or by attending your local police station.

Report the partner to WA police. They will deal with the report in accordance with the National Cybercrime Investigation Protocols. The Commonwealth eSafety Commissioner can order removal of an intimate image from social media, the internet, or any other electronic service if it was posted without consent.

Risk-taking or ‘normal’ behaviour?

They can issue a removal notice to the person who posted the image or to the provider of the service. The eSafety Commissioner also has an online complaints Women fucking Navia Spain for reporting non-consensual image sharing. The eSafety Commissioner also has relationships with international bodies and social media partners such as Facebook, Instagram and Snapchat and can assist with the removal sextung content hosted outside Australia.

For more information about the functions of the eSafety Commissioner visit www.

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A person convicted of an intimate image Laramie female services under the new laws will not become a australla offender or go on the Sex Offender Register. However there are many other offences under WA and Commonwealth laws relating to intimate images of young people that can result in inclusion on the Sex Offender Register. This means that if a person is convicted of distributing an intimate image — and the image was of under the age of 18 — then they will not be granted a working with children's pxrtner, unless particular or exceptional circumstances apply.