Harassment, Harmful Communications and Related Offences Act 2020

Distributing, publishing or threatening to distribute or publish intimate image without consent with intent to cause harm or being reckless as to whether harm is caused

2. (1) A person who distributes, publishes or threatens to distribute or publish an intimate image of another person—

(a) without that other person’s consent, and

(b) with intent to cause harm to, or being reckless as to whether or not harm is caused to, the other person,

is guilty of an offence.

(2) For the purposes of subsection (1), a person causes harm to another person where—

(a) he or she, by his or her acts, intentionally or recklessly seriously interferes with the other person’s peace and privacy or causes alarm or distress to the other person, and

(b) his or her acts are such that a reasonable person would realise that the acts would seriously interfere with the other person’s peace and privacy or cause alarm or distress to the other person.

(3) A person who is guilty of an offence under this section is liable—

(a) on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment to a fine or imprisonment for a term not exceeding seven years, or both.