Meaning of consent in intimate image or audio material offences
(1) This section applies to all offences under this Division. (2) A person consents to the recording, creation or alteration of intimate image or audio material if the person freely and voluntarily agrees to the recording, creation or alteration of the intimate image or audio material. (3) A person consents to the distribution of intimate image or audio material if the person freely and voluntarily agrees to the distribution of the intimate image or audio material. (4) A person who consents to the recording, creation, alteration or distribution of intimate image or audio material on a particular occasion is not, by reason only of that fact, to be regarded as having consented to the recording, creation, alteration or distribution of the intimate image or audio material or any other intimate image or audio material on another occasion. (5) A person who consents to the distribution of intimate image or audio material to a particular person or in a particular way is not, by reason only of that fact, to be regarded as having consented to the distribution of the intimate image or audio material or any other intimate image or audio material to another person or in another way. (6) A person who distributes intimate image or audio material of himself or herself is not, by reason only of that fact, to be regarded as having consented to any other distribution of the intimate image or audio material. (7) A person does not consent to the recording, creation, alteration or distribution of intimate image or audio material— (a) if the person is under the age of 16 years or does not otherwise have the capacity to consent, including because of cognitive incapacity, or (b) if the person does not have the opportunity to consent because the person is unconscious or asleep, or (c) if the person consents because of threats of force or terror (whether the threats are against, or the terror is instilled in, that person or any other person), or (d) if the person consents because the person is unlawfully detained. (8) This section does not limit the grounds on which it may be established that a person does not consent to the recording, creation, alteration or distribution of intimate image or audio material.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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