Paragraph 3 I1

After section 66AA (inserted by paragraph 2) insert—

“Taking or recording intimate photograph or film

66AB

(1)

A person (A) commits an offence if—

(a)

A intentionally takes a photograph, or records a film, which shows another person (B) in an intimate state,

(b)

B does not consent to the taking or recording 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 takes a photograph, or records a film, which shows 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 taking or recording of the photograph or film.

(3)

A person (A) commits an offence if—

(a)

A intentionally takes a photograph, or records a film, which shows 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 taking or recording of the photograph or film, and

(d)

A does not reasonably believe that B consents.

(4)

Subsections (1) to (3) are subject to section 66AC (exemptions).

(5)

It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for taking the photograph or recording the film.

(6)

Sections 75 and 76 apply to an offence under this section.

(7)

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).

(8)

A person who commits an offence under subsection (2) or (3) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(9)

If on the trial of a person charged with an offence under subsection (2) or (3) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).

(10)

The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (9) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

Taking or recording intimate photograph or film: exemptions

66AC

(1)

A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AB(1), (2) or (3) if—

(a)

the photograph or film is, or A reasonably believes that it is, taken or recorded in a place to which the public or a section of the public have or are permitted to have access (whether on payment or otherwise),

(b)

B has no reasonable expectation of privacy from the photograph or film being taken or recorded, and

(c)

B is, or A reasonably believes that B is, in the intimate state voluntarily.

(2)

For the purposes of subsection (1)(b), whether a person has a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that the person taking the photograph or recording the film reasonably believes to exist at the time the photograph or film is taken or recorded.

(3)

A person (A) who takes a photograph, or records a film, which shows another person (B) in an intimate state does not commit an offence under section 66AB(1) if—

(a)

B is a person under 16,

(b)

B lacks, or A reasonably believes that B lacks, capacity to consent to the taking or recording of the photograph or film, and

(c)

the photograph or film is taken or recorded—

(i)

by a healthcare professional acting in that capacity, or

(ii)

otherwise in connection with the care or treatment of B by a healthcare professional.

(4)

A person (A) who takes a photograph, or records a film, which shows a child in an intimate state does not commit an offence under section 66AB(1) if—

(a)

A is—

(i)

a member of the child’s family, or

(ii)

a friend of the child or the child’s family, and

(b)

the photograph or film is of a kind ordinarily taken or recorded by such a person.

Installing etc. equipment to enable taking or recording of intimate photograph or film

66AD

(1)

A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(1).

(2)

A person (A) commits an offence if A instals, adapts, prepares or maintains equipment with the intention of enabling A or another person to commit an offence under section 66AB(2) or (3).

(3)

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).

(4)

A person who commits an offence under subsection (2) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years.

(5)

If on the trial of a person charged with an offence under subsection (2) a magistrates’ court or jury finds the person not guilty of the offence charged, the magistrates’ court or jury may find the person guilty of an offence under subsection (1).

(6)

The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (5) convicted before it of an offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence.

Creating a copy of intimate photograph or film shared temporarily

66AE

(1)

A person (A) commits an offence if—

(a)

another person (B)—

(i)

shares with A a photograph or film which shows, or appears to show, B in an intimate state, and

(ii)

does so in such a way that A can view the photograph or film for a limited time, but cannot send it to another person,

(b)

A intentionally creates a copy of the photograph or film that A can view at other times,

(c)

A knows that the photograph or film is shared with A by B,

(d)

B does not consent to the creation of the copy, and

(e)

A does not reasonably believe that B consents to the creation of the copy.

(2)

For the purposes of subsection (1)(a)(ii)—

(a)

the cases in which A can view the photograph or film for a limited time include the case where A can view it for as long as B allows A to do so;

(b)

sending the photograph or film to another person does not include showing it to another person.

(3)

References in this section to creating a copy of a photograph or a film include—

(a)

creating a copy of part of a photograph or film, or

(b)

creating a copy of a photograph or film with modifications,

where the copy shows, or appears to show, B in the intimate state in which B is shown, or appears to be shown, in the photograph or film.

(4)

Subsection (1) is subject to section 66AF (exemptions).

(5)

It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for creating the copy.

(6)

Section 76 applies to an offence under this section.

(7)

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

Creating a copy of intimate photograph or film shared temporarily: exemptions

66AF

(1)

A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if—

(a)

the photograph or film was, or A reasonably believes that it was, taken or recorded in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise),

(b)

the person the photograph or film shows, or appears to show, in an intimate state (B) had no reasonable expectation of privacy from such a photograph or film being taken or recorded, and

(c)

B was, or A reasonably believes that B was, in the intimate state voluntarily.

(2)

For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken or recorded is to be determined by reference to the circumstances that A reasonably believes to have existed at the time the photograph or film was taken or recorded.

(3)

A person (A) does not commit an offence under section 66AE(1) in relation to a photograph or film shared with A if—

(a)

the photograph or film had, or A reasonably believes that the photograph or film had, been previously publicly shared, and

(b)

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