OFFENCE ELEMENTS - NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES
s 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 for a term of not more than five years; or
(b) of an offence punishable on summary conviction.
Definition of intimate image
(2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording,
(a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity;
(b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and
(c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.
OFFENCE ELEMENTS - NON-CONSENSUAL DISTRIBUTION OF INTIMATE IMAGES
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.
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.
SELECTED CASE LAW
TABLE OF CONTENTS:
BRITISH COLUMBIA:
2016 BCPC 400
MANITOBA:
2018 MBCA 48
NEWFOUNDLAND & LABRADOR:
2018 CanLII 25580 (NLPC)
[2017] NJ No 1 (NLPC)
NOVA SCOTIA:
2017 NSPC 12 (Youth Court)
ONTARIO:
2018 ONSC 4726
2018 ONSC 2422
2018 ONSC 2299
2018 ONCJ 82
2017 ONCJ 943
2017 ONSC 3425
2017 ONCJ 317
2017 ONCJ 415
2017 ONCJ 129
[2016] OJ No 7080 (ONCJ) 23
[2016] OJ No 7196 (ONCJ) 24
2016 ONSC 6585
QUEBEC:
2016 QCCQ 6167