>[!info]+ [Section 53T Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s53t.html) >1. A person (A) commits an offence if— > 1. (A) makes to another person (B) a **threat to distribute an intimate image** depicting (B) or another person; and > 2. the distribution of the image would be **contrary to the community standards** of acceptable conduct; and > 3. (A) intends that (B) **will believe/probably believe** that (A) will carry out the threat >2. A person who commits an offence against subsection (1) is liable to 3 years imprisonment. >3. For the purposes of subsection (1), a threat may be— > 1. made by words or conduct; and > 2. explicit or implicit. # Example A person threatens another person that they will post a photograph depicting them engaging in a sexual activity on social media in order to humiliate them to their family. The person being threatened reasonably believes that the person threatening will do so. # 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 impliedly consented to the distribution and manner of distribution. # Points of Proof 1. Identity 2. Threat to Distribute Intimate Image 3. Distribution Contrary to Community Standards 4. Other Person Believes/Probably Believes Threat