Criminal Code

Marginal note:Publication, etc., of an intimate image without consent

• 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty

  • (a) of an indictable offence and liable to imprisonment

    • (i) for a term of not more than 10 years, or

    • (ii) for a term of not more than 14 years if the accused knew or ought to have known that, at the time the intimate image was made, aggravated sexual assault was being, or had just been, committed against the person depicted in the image; or

  • (b) of an offence punishable on summary conviction.

• Marginal note:Threat to publish, etc.

  (1.1) Everyone who, with the intent to intimidate or to be taken seriously, knowingly threatens to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that the person depicted in the image would not give their consent to that conduct, or being reckless as to whether or not that person would give their consent to that conduct, is

  • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

  • (b) guilty of an offence punishable on summary conviction.

• Marginal note:Definition of intimate image

  (2) In this section, intimate image means

  • (a) a visual recording of a person made by any means including a photographic, film or video recording,

    • (i) in which the person is nude, is nearly nude, is exposing their sexual organs or is engaged in explicit sexual activity,

    • (ii) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy, and

    • (iii) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed; or

  • (b) a visual representation that is made by any electronic or mechanical means, including by means of artificial intelligence software, and that shows an identifiable person who is depicted as nude, as nearly nude, as exposing their sexual organs or as engaged in explicit sexual activity, if the depiction is likely to be mistaken for a visual recording of that person.

• Marginal note:Defence

  (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

• Marginal note:Question of fact and law, motives

  (4) For the purposes of subsection (3),

  • (a) it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and

  • (b) the motives of an accused are irrelevant.