Threaten to record, create, alter or distribute intimate image or audio material
(1) A person who threatens to record intimate image or audio material of another person— (a) without the consent of the other person, and (b) intending to cause that other person to fear that the threat will be carried out, is guilty of an offence. (1A) A person is guilty of an offence if the person threatens to— (a) alter an image or audio of another person so that the image or audio is intimate image or audio material— (i) without the other person’s consent, and (ii) intending to cause the other person to fear the threat will be carried out, or (b) create intimate image or audio material of a simulated person— (i) without the consent of the real person whom the image or audio is meant to represent, and (ii) intending to cause the real person to fear the threat will be carried out. (2) A person who threatens to distribute intimate image or audio material of another person— (a) without the consent of the other person, and (b) intending to cause that other person to fear that the threat will be carried out, is guilty of an offence. (3) A threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional. (4) A person may threaten to distribute intimate image or audio material whether or not the intimate image or audio material exists. (5) In proceedings for an offence against this section, the prosecution is not required to prove that the person alleged to have been threatened actually feared that the threat would be carried out. (6) A prosecution of a person under the age of 16 years for an offence against this section is not to be commenced without the approval of the Director of Public Prosecutions.
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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