Paragraph 2 I1

After section 66A insert—

“Sharing semen-defaced image

66AA

(1)

A person (A) commits an offence if—

(a)

A intentionally shares a semen-defaced image of another person (B),

(b)

B does not consent to the sharing of the semen-defaced image, and

(c)

A does not reasonably believe that B consents.

(2)

A “semen-defaced image” of a person (B) is—

(a)

a photograph or film which—

(i)

shows, or appears to show, B, and

(ii)

has, or appears to have, semen on it or in its immediate vicinity, or

(b)

a photograph or film of a photograph or film within paragraph (a).

(3)

“Photograph” includes the negative as well as the positive version.

(4)

“Film” means a moving image.

(5)

References to a photograph or film also include—

(a)

an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,

(b)

a copy of a photograph, film or image within paragraph (a), and

(c)

data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).

(6)

A person “shares” a semen-defaced image if the person, by any means, gives or shows it to another person or makes it available to another person.

(7)

But a provider of an internet service by means of which a semen-defaced image is shared is not to be regarded as a person who shares it.

(8)

For the purposes of subsection (1)—

(a)

“consent” to the sharing of a semen-defaced image includes general consent covering the particular act of sharing as well as specific consent to the particular act of sharing, and

(b)

whether a belief is reasonable is to be determined having regard to all the circumstances including any steps A has taken to ascertain whether B consents.

(9)

It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for sharing the semen-defaced image.

(10)

A person (A) who shares a semen-defaced image of another person (B) does not commit an offence under subsection (1) if—

(a)

the semen-defaced image had, or A reasonably believes that it had, been previously publicly shared, and

(b)

B had, or A reasonably believes that A had, consented to the previous sharing.

(11)

A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).”