>[!info]+ [Section 53S Distributing Intimate Image](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s53s.html) >1. A person (A) commits an offence if— > 1. (A) **intentionally distributes an image** depicting another person (B); and > 2. the image is an **intimate image**; and > 3. **(A) knows** that the image is/probably **is an intimate image**; and > 4. the distribution of the intimate image is contrary to the community standards of acceptable conduct. # Example A person posts a photograph of another person on a social media website without express or implied consent and the photograph depicts a sexual activity. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence heard at the Magistrates' Court. # Defences Does not apply if B is over 18 **and** has expressly or implied consented to the distribution and manner of distribution. # Points of Proof 1. Identity 2. Intentionally Distributed Image 3. Distribution Contrary to Community Standards