Table of Contents
This page is for anyone accused or under investigation for intimate image based abuse offences in New South Wales. It includes offences relating to recording, sharing or distribution of intimate images and related Commonwealth offences.
Here we will unpack:
- What is image based abuse?
- Types of intimate image offences in NSW
- Penalties for intimate image offences & related offences
- Penalties for minors and adults
- Commonly associated Commonwealth offences
- Possible defences for intimate image offences
- Next steps if facing a charge of recording, sharing/ distributing, threatening to record intimate images or threatening to distribute intimate images offences
What Is Considered An Intimate Image?
An intimate image includes photos or video footage of:
- Private body parts
- Sexual acts
- Nude or semi-nude imagery; or
- Altered images that appear sexual where privacy is expected (including deepfakes).
What Is Intimate Image-Based Abuse?
Intimate image abuse offences include:
- Recording intimate images without consent
- Distributing intimate images without consent
- Threatening to record or distribute intimate images
These offences are taken seriously, and cases often involve multiple charges, including recording, distributing, and using a carriage service.
If the intimate images are of someone under 18, that is considered Child Abuse Material, a child sex offence. We do not go into detail about these types of offences in this article.
Consent
Consent in the context of intimate image abuse allegations relates to a person’s free and voluntary agreement to record or distribute (share) intimate imagery, at a moment in time.
No Consent
Consent is irrelevant if the victim is under 16 years old.
Consent is irrelevant if the victim was asleep or unconscious.
Consent is irrelevant if the consent was given under threatening conditions.
If the victim is 16 or older and known to the accused, consent is a “live issue” that will be closely examined.
When the alleged offender is a stranger to the victim, the two main issues are generally whether consent was given and whether the act occurred.
Types Of Intimate Image Offences
Recording An Intimate Image Without Consent
This is an offence where it is alleged that someone has recorded intimate imagery (still or moving) without permission.
Consent on one occasion to record intimate images does not mean they have given consent on other occasions.
Distributing Intimate Images Without Consent
This is an offence where it has to be proven that someone has intentionally shown, shared or sent intimate images of someone without their express consent. This includes electronic sharing via messaging, social media, etc. Importantly, if someone else sends you an intimate image and then you forward it on, you can also be charged for sharing it.
Receiving an intimate image from one person does not mean consent to share it with others in any way.
Consent on one occasion to share intimate images does not mean they have given consent on other occasions.
Consent to share an image with one person does not mean consent to share with other people or on platforms.
Showing, sharing or sending intimate imagery without consent by way of a carriage service (phone, internet or electronic communications) can involve an additional charge that is a Commonwealth (Australia-wide) offence.
Threatening To Record Or Distribute An Intimate Image Without Consent
This is an offence where a threat to record or share intimate images of someone is made. The threat may be either spoken, written, implied, or made through a person’s behaviour.
Penalties for Intimate Image Offences in NSW
It is not uncommon for state (NSW) offences to be coupled with Commonwealth level penalties.
NSW Courts and Police take intimate image based abuse seriously, recognising its serious impact on victims’ mental health, safety, and reputation. Possible sentences may include one or more of the following:
- Section 10 dismissal (complete dismissal without any ongoing penalty of criminal record)*
- Conditional Release Order with no conviction recorded (no criminal record)
- Conditional Release Order with a conviction recorded
- Fine
- Community Corrections Order (CCO) with or without Community Service
- Intensive Correction Order (ICO)
- Imprisonment for up to 3 years
* It is very rare to receive a Section 10 dismissal (no conviction) for intimate image charges. This would generally apply only to conduct considered very minor. Although rare, it is not impossible…
It is also common for Court Orders to be issued to delete, remove or destroy the intimate images within a designated time frame.
Additional Commonwealth Penalties
Carriage Services
Carriage services include internet, email, social media, SMS, cloud or other digital services. Any digital recording or sharing using a carriage service can attract additional Commonwealth offences under the Criminal Code. The penalties for offences at a Commonwealth (national) level typically carry higher penalties.
Offences Committed By Minors (Under 18)
Intimate image abuse can be a significant issue among children. If the victim is under 16, as mentioned above, consent is a “mute point,” meaning it holds no legal weight.
For defendants aged 10 to 17, cases are heard in the Children’s Court. A key legal principle in these cases is “Doli Incapax,” which presumes that children aged 10 to 14 lack criminal responsibility (meaning they don’t understand the seriousness of the offences). The prosecution must prove that the minor knew their conduct was morally wrong.
Penalties in the Children’s Court range from judicial warnings (the lowest end) to good behaviour bonds, with or without supervision. Fines are rarely given to children. More serious penalties include probation, which functions like a suspended sentence, and a “control order,” the juvenile equivalent of imprisonment, typically served in youth detention centres.
Penalties For Offences Committed by Adults
| STATE LEVEL OFFENCE (NSW) | Crimes Act [NSW] | |
| Fine MAXIMUM PENALTY | Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
|
| Installing device to facilitate filming or observation | Up to $11,000 | Up to 2 years |
| Voyeurism - Filming a person’s private parts | Up to $11,000 | Up to 2 years |
| Voyeurism - Filming a person engaged in a Private Act | Up to $11,000 | Up to 2 years |
| Record an Intimate Image Without Consent | Up to $11,000 | Up to 3 years |
| Distribute An Intimate Image Without Consent | Up to $11,000 | Up to 3 years |
| Threaten To Record Or Distribute An Intimate Image Without Consent | Up to $11,000 | Up to 3 years |
| POSSIBLE ADDITIONAL COMMONWEALTH OFFENCES | Criminal Code Act [Cth] Custodial Sentence (Imprisonment) MAXIMUM PENALTY |
|
| Using a carriage service to transmit sexual material without consent | 6 years | |
| Aggravated Offence - Using a carriage service to transmit sexual material without consent | 7 years | |
Information accurate for New South Wales & Commonwealth as of February 2026.
Sources:
Possible Defences For Recording Or Distributing Intimate Images
Defences For State & Commonwealth Offences
To be found guilty of an intimate image abuse offence, the prosecution needs to prove, beyond a reasonable doubt, that you are guilty of the offences alleged.
Possible defences for intimate image abuse may include:
- Innocence/ Denial of act
- Proof of Consent (not applicable if the offence relates to children under 16)
- Genuine Purpose – medical, scientific, legal or law enforcement/legal proceeding
- Honest and Reasonable Mistake of Fact
- Lack of Intent
- Duress or Necessity
Before entering a plea of guilty or not guilty, and to determine whether you have a defence available to you, you must seek legal advice from a criminal lawyer with experience in this area.
Next Steps When Facing An Intimate Image Abuse Offence In NSW
Understanding the nuances of intimate image abuse laws in NSW can be complex. If you or a family member is facing charges relating to intimate image abuse, ensure you seek advice from experienced criminal lawyers to help you navigate the judicial process and understand your rights and options.
We can help you from the moment you learn you are facing charges relating to intimate image abuse in New South Wales.
We have two office locations – Penrith & Blacktown – as well as phone and online consultations if preferred.
Disclaimer: The content in this article provides general information however it does not substitute legal advice or opinion. Information is best used in conjunction with legal advice from an experienced member of our team.