Call our lawyers
now
or,
have our lawyers
call you
Sexting in Victoria is Now a Crime
Sexting in Victoria is Now a Crime
If you are unfamiliar with the term ‘sexting’ it is the distribution of intimate images of other people via sms. With the growing access to camera phones which can be used to photograph someone, and then easily shared, it has become necessary to protect those that have not provided their consent for an intimate photograph of them to be distributed to others. Victoria is one of the first states to make the sending of these images illegal with new laws passed in Parliament under the Crimes Amendment (Sexual Offences and Other Matters) Bill 2014, which amends to the Summary Offences Act 1966. Two new summary offences have been created for threatening to distribute of an intimate image, and distributing an intimate image which has been deemed to be against community standards of acceptable conduct. The new laws are designed to send a clear message that the malicious use of intimate images to embarrass, and degenerate, a person is not acceptable and is a criminal offence. Sexting can cause considerable harm to people especially when an image goes viral.
What is an intimate image under the new laws?
Division 4A of Part 1 of the Summary Offences Act 1966 will see the addition of sections 41DA and 41DB, along with new definitions relating to community standards of acceptable behaviour, consent, and intimate image. When the court is determining if an image is contrary to community standards of acceptable conduct, it is to have regard to the nature and content of the image; the circumstances in which the image was taken; the circumstances in which the image was distributed; the age, intellectual capacity, vulnerability or other relevant circumstances of the person in the image; and the degree to which the distribution of the image affects the privacy of the person in the image. The new offences will not apply if consent was obtained which means by a ‘free agreement’, and is consistent with the current meaning relating to sexual offences. An intimate image means a moving, or still, image that depicts a person engage in sexual activity; a person in a manner, or a context, that is sexual; or the genital, or anal, region of a person, or in the case of a female, the breasts. It is important that the images are viewed in the context of acceptable community standard, and each case will be reviewed on the particular circumstances surrounding the image.
What are the Penalties for intimate image offences?
If a person intentionally distributes an intimate image of another person to someone other than the person in the image, and the distribution is contrary to community standards of acceptable conduct, they will be guilty of an offence under Section 41DA Distribution of intimate image. The offence will be punishable by a maximum term of imprisonment of 2 years. If a person threatens to distribute an intimate image, and that image would be contrary to community standards, and the person truly believes they will carry out the threat then they are guilty of an offence. The offence will be punishable by a maximum term of imprisonment of 1 year.
How do these new laws affect minors under the age of 18?
Amendments have also been made so that it is no longer illegal for someone under the age of 18 to create, store, or distribute a sext of someone who is less than two years younger than them, as long as they have their permission. Also the consent component of 41DA does not apply to someone under the age of 18 if the offender is over the age of 18. If the person whose image is depicted is under 18 years of age this will also be a factor in addressing whether the distribution is contrary to community standards due to their greater vulnerability and need for protection.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
‘Incapable of Evil’ Doctrine to be Reviewed (NSW)
Early this month, the New South Wales Attorney-General’s office announced that the operation of the doctrine of doli incapax in the state would be reviewed. Doli incapax, or ‘incapable of evil’ is a centuries-old doctrine under which children younger than 14 are presumed to lack criminal capacity. The review will ....
Posted in:
Blog
Criminal Law
Expansion of ‘Adult Crime, Adult Time’ Laws (Qld)
The Queensland government has introduced legislation to add a further 15 offences to the adult crime, adult time laws passed last year. The Making Queensland Safer (Adult Crime, Adult Time) Amendment Bill will expand the list of offences for which a young person is to be sentenced as an adult ....
Posted in:
Criminal Law
Justice Responses to Sexual Violence
In February 2025 the Australian Law Reform Commission (ALRC) tabled its report on responses to sexual violence in Australia. This page deals with the terms of reference of the inquiry, some of the common criticisms of how sexual violence is responded to and prosecuted in Australia, and other inquiries that ....
Posted in:
Blog
Criminal Law
Proposed Changes to Youth Justice Laws (Qld)
In Queensland, there are mandatory sentences that apply to adults who are found guilty of murder and other serious offences. With the state election approaching, the Liberal Nationals Party is proposing to apply mandatory sentencing laws to young people found guilty of certain offences. The Opposition is also proposing to ....
Posted in:
Criminal Law
Queensland
Proposed Changes for Victims Giving Evidence (Qld)
In criminal proceedings in Queensland, the law permits special measures to be implemented in cases involving special witnesses such as children, victims of alleged family violence, victims of alleged sexual violence and witnesses who have a physical, mental or intellectual impairment. These measures include excluding the accused from the courtroom ....
Posted in:
Criminal Law
Sylvie Maranis a Finalist in Women in Law Awards
Go To Court Lawyers is proud to announce that one of our Legal Practice Directors, Sylvie Maranis, has been named a finalist in the Lawyers Weekly Women in Law Awards 2020 in the category of Wellness Advocate of the Year. Sylvie works in our Melbourne office, where she where she is ....
Posted in:
Blog
Criminal Law
Breaking a Lease for a COVID-19 Reason (Vic)
Please note that the legislation referred to on this page is no longer in force. On 24 April 2020 Victoria passed legislation temporarily amending the Residential Tenancies Act 1997 in response to the COVID-19 pandemic. The COVID-19 Omnibus (Emergency Measures) Act 2020 will be in force for six months. Among ....
Posted in:
Civil Law
Victoria
What is the ASIO Powers Amendment Bill?
The ASIO Powers Amendment Bill is currently before the House of Representatives. It is a bill, introduced by the Minister for Home Affairs, to amend the legislation governing the powers of arrest, questioning, search and seizure exercised by ASIO. Among others things, the bill proposes empowering ASIO to issue arrest ....
Posted in:
Australia
Criminal Law
Relaxing of Coronavirus Emergency Restrictions (Vic)
Please note that this post was published on 14 May 2020. The information on this page is no longer accurate. On 30th March 2020, the Victorian government put in place strict emergency restrictions in an attempt to limit the spread of the Coronavirus. On 1 June 2020, these restrictions were ....
Posted in:
Criminal Law
Victoria
Easing of COVID-19 Restrictions (NSW)
Please note that this article was published on 12 May 2020. The information on this page is no longer accurate. From 1 June 2020, the Stage One COVID-19 restrictions in New South Wales will be relaxed. The restrictions have been in place since May and were imposed under orders by ....
Posted in:
Criminal Law
New South Wales
Court Appearances and COVID-19 (WA)
Each Australian state and territory has made different changes to its court processes due to the COVID-19 crisis. While some jurisdictions have adjourned all but the most urgent court matters, others are continuing to operate their courts but doing so in a way that incorporates social distancing requirements set out ....
Posted in:
Criminal Law
Western Australia
George Pell Acquitted by High Court
On 7 April 2020 the High Court granted former Cardinal George Pell leave to appeal against the decision of the Victorian Court of Appeal to uphold the jury’s findings of guilt against the Cardinal in December 2018. After hearing his appeal, the High Court found that the jury ought to ....
Posted in:
Criminal Law
Victoria