Page 2861 - Week 08 - Wednesday, 16 August 2017

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video

Clause 5

Proposed new section 72D (b) (ii)

Page 6, line 1—

omit

as to

substitute

about

Clause 5

Proposed new section 72DA

Page 6, line 4—

insert

72DA Distribution of intimate image of young person

(1) A person commits an offence if—

(a) the person distributes an intimate image of another person; and

(b) the other person is under 16 years old.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

(2) It is a defence to a prosecution for an offence against this section if the defendant proves that—

(a) at the time of the offence—

(i) the defendant believed on reasonable grounds that the person against whom the offence is alleged to have been committed was at least 16 years old; or

(ii) the person against whom the offence is alleged to have been committed was—

(A) at least 10 years old; and

(B) not more than 2 years younger than the defendant; and

(b) the person against whom the offence is alleged to have been committed consented to the distribution of the intimate image.

Note The defendant has a legal burden in relation to the matters mentioned in this section (see Criminal Code, s 59).

Clause 5

Proposed new section 72E

Page 6, line 5—

omit proposed new section 72E, substitute

72E Threaten to capture or distribute intimate images

(1) A person commits an offence if—

(a) the person threatens to capture or distribute an intimate image of another person; and

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video