What the law says
Section 66B(1), Sexual Offences Act 2003 — sharing without consent
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.
Section 66B(5), Sexual Offences Act 2003 — exemptions apply
Subsection (1) is subject to Section 66C.
Section 66B(6), Sexual Offences Act 2003 — consent and reasonable belief
For subsection (1) and Section 66C(3)(b)—
(a) “consent” includes general consent covering the particular act of sharing as well as specific consent to that act, and
(b) whether a belief is reasonable is determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents.
Section 66B(8), Sexual Offences Act 2003 — reasonable excuse
It is a defence for a person charged under subsection (1) to prove that the person had a reasonable excuse for sharing the photograph or film.
Section 66C(1)–(2), Sexual Offences Act 2003 — public-place exemption
A does not commit the subsection (1) offence if the photograph or film was taken in a place accessible to the public, B had no reasonable expectation of privacy from it being taken, and B was, or A reasonably believes B was, voluntarily in the intimate state. Whether B had that expectation is determined by the circumstances A reasonably believes existed when it was taken.
Section 66C(3), Sexual Offences Act 2003 — previous public sharing
A does not commit the subsection (1) offence if the photograph or film had, or A reasonably believes it had, previously been publicly shared and B had, or A reasonably believes B had, consented to that previous sharing.
Section 66C(4)–(5), Sexual Offences Act 2003 — care and family-and-friends exemptions
The subsection (1) offence does not apply where the specified image of a person under 16 who lacks capacity is shared with a healthcare professional or in connection with that person's care or treatment, or where an image showing a child in an intimate state is of a kind ordinarily shared between family and friends.
Section 66D(1)–(4), Sexual Offences Act 2003 — sharing and media
For Sections 66B and 66C, a person “shares” something if, by any means, the person gives or shows it to another person or makes it available to another person. An internet-service provider is not regarded as sharing merely by providing the service. “Photograph” and “film” have the meanings in Section 66A(3)–(5).
Section 66D(5)–(9), Sexual Offences Act 2003 — intimate state
A photograph or film shows or appears to show a person in an intimate state if it shows or appears to show a sexual act or thing, exposed genitals, buttocks or breasts, urination or defecation, or associated personal care. “Exposed” includes visibility through wet or transparent clothing, coverage only by underwear, and a similarly sized or smaller area obscured by other means. Material of a kind ordinarily seen in public is excluded, except breastfeeding, which includes rearranging clothing while preparing to breastfeed or just after finishing.
Section 66B(9) and (11), Sexual Offences Act 2003 — mode and maximum
The subsection (1) offence is summary only and carries imprisonment not exceeding six months, a fine, or both, until Section 281(5) of the Criminal Justice Act 2003 comes into force.
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