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Change 1
As published
66B Sharing or threatening to share intimate photograph or film
(1) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) B does not consent to the sharing of the photograph or film, and
(c) A does not reasonably believe that B consents.
(2) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) A does so with the intention of causing B alarm, distress or humiliation, and
(c) B does not consent to the sharing of the photograph or film.
(3) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) A does so for the purpose of A or another person obtaining sexual gratification,
(c) B does not consent to the sharing of the photograph or film, and
(d) A does not reasonably believe that B consents.
(4) A person (A) commits an offence if—
(a) A threatens to share a photograph or film which shows, or appears to show, another person (B) in an intimate state, and
(b) A does so—
(i) with the intention that B or another person who knows B will fear that the threat will be carried out, or
(ii) being reckless as to whether B or another person who knows B will fear that the threat will be carried out.
(5) Subsections (1) to (4) are subject to section 66C (exemptions).
(6) For the purposes of subsections (1) to (3) and section 66C(3)(b)—
(a) “consent” to the sharing of a photograph or film includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and
(b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.
(7) Where a person is charged with an offence under subsection (4), it is not necessary for the prosecution to prove—
(a) that the photograph or film mentioned in the threat exists, or
(b) if it does exist, that it is in fact a photograph or film which shows or appears to show a person in an intimate state.
(8) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film.
(9) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
(10) A person who commits an offence under subsection (2), (3) or (4) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(11) In subsection (9) “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b) if the offence is committed after that time, 51 weeks.
(12) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).
(13) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (12) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.
Your change, as a redline
66B Sharing or threatening to share intimate photograph or film
(1) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) B does not consent to the sharing of the photograph or film, and
(c) A does not reasonably believe that B consents.
(2) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) A does so with the intention of causing B alarm, distress or humiliation, and
(c) B does not consent to the sharing of the photograph or film.
(3) A person (A) commits an offence if—
(a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state,
(b) A does so for the purpose of A or another person obtaining sexual gratification,
(c) B does not consent to the sharing of the photograph or film, and
(d) A does not reasonably believe that B consents.
(4) A person (A) commits an offence if—
(a) A threatens to share a photograph or film which shows, or appears to show, another person (B) in an intimate state, and
(b) A does so—
(i) with the intention that B or another person who knows B will fear that the threat will be carried out, or
(ii) being reckless as to whether B or another person who knows B will fear that the threat will be carried out.
(5) Subsections (1) to (4) are subject to section 66C (exemptions).
(6) For the purposes of subsections (1) to (3) and section 66C(3)(b)—
(a) “consent” to the sharing of a photograph or film includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and
(b) whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.
(7) Where a person is charged with an offence under subsection (4), it is not necessary for the prosecution to prove—
(a) that the photograph or film mentioned in the threat exists, or
(b) if it does exist, that it is in fact a photograph or film which shows or appears to show a person in an intimate state.
(8) It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film.
(9) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
(10) A person who commits an offence under subsection (2), (3) or (4) is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
(11) In subsection (9) “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b) if the offence is committed after that time, 51 weeks.
(12) If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).
(13) The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (12) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.
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