Sexual Offences Act 2003, s 66B(1)–(4)

Sharing or threatening to share intimate photograph or film

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

(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.

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. [s 66B(1)] intentionally
  • 2. [s 66B(1)] shared
  • 3. [s 66B(1)] photograph(s)/film(s)/combination of photograph and film
  • 4. [s 66B(1)] which showed/appeared to show
  • 5. [s 66B(1)] another person
  • 6. [s 66B(1)] in an intimate state
  • 7. [s 66B(1)] without that person's consent
  • 8. [s 66B(1)] not reasonably believing that the person consented
  • 9. [s 66B(2)] intentionally
  • 10. [s 66B(2)] shared
  • 11. [s 66B(2)] photograph(s)/film(s)/combination of photograph and film
  • 12. [s 66B(2)] which showed/appeared to show
  • 13. [s 66B(2)] another person
  • 14. [s 66B(2)] in an intimate state
  • 15. [s 66B(2)] where the sharing of that photograph/film was without that person's consent
  • 16. [s 66B(2)] intending to cause that person alarm/distress/humiliation
  • 17. [s 66B(3)] intentionally
  • 18. [s 66B(3)] shared
  • 19. [s 66B(3)] photograph(s)/film(s)/combination of photograph and film
  • 20. [s 66B(3)] which showed/appeared to show
  • 21. [s 66B(3)] another person
  • 22. [s 66B(3)] in an intimate state
  • 23. [s 66B(3)] where the sharing of that photograph/film was without that person's consent
  • 24. [s 66B(3)] not reasonably believing that the person consented
  • 25. [s 66B(3)] for the purpose of obtaining sexual gratification for himself/herself/another person
  • 26. [s 66B(4)] threatened to share
  • 27. [s 66B(4)] photograph(s)/film(s)/combination of photograph and film
  • 28. [s 66B(4)] which showed/appeared to show
  • 29. [s 66B(4)] another person
  • 30. [s 66B(4)] in an intimate state
  • 31. [s 66B(4)] intending/being reckless as to whether
  • 32. [s 66B(4)] that person OR
  • 33. [s 66B(4)] another person who knew that person
  • 34. [s 66B(4)] would fear that the threat will be carried out

Defences

  • It is a defence to the offence to prove a reasonable excuse for sharing the photograph or film (see s 66B(8)). Examples of a reasonable excuse might include where it was necessary for the prevention or detection of a crime to share an intimate photo or film with a police officer.

Mode of trial & maximum penalty

Either way — Summary: 6 months' imprisonment and/or a fine (s 66B(1)); 6/12 months' imprisonment and/or a fine (s 66B(2), (3), and (4)); Indictment: 2 years' imprisonment and/or a fine (s 66B(2), (3), and (4) only)

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

  • Verified dataset — legislation.gov.uk (current revised versions)

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