The New Intimate Image Abuse Laws in England and Wales
Being accused of sharing intimate images can be frightening and overwhelming. The law in this area has changed significantly over the past few years, and many people are now facing criminal investigations for behaviour they did not realise could amount to a criminal offence.
The new offences are intended to address deep fake images and offences involving Artificial Intelligence (AI).
Recent reforms mean the police have wider powers, prosecutions are more common, and allegations can escalate quickly. If you are accused, or worried that you might be accused, it is crucial to understand how the law now works and where you stand.
What Is Intimate Image Abuse?
Intimate image abuse refers to the creation, sharing or threatening to share private sexual images without the consent of the person shown.
This can include:
- Sharing sexual photos or videos of a partner or ex‑partner
- Sending intimate images to others via WhatsApp, social media or email
- Posting images online, even in private groups
- Threatening to share images to pressure, control or intimidate someone
- Creating or sharing AI‑generated or altered sexual images
Importantly, the law now recognises that serious harm can be caused even if the image is not real, not shared widely, or never shared at all.
Many people are aware of the concept of revenge porn. A typical situation is where an individual uploads or distributes private sexual images of a former partner to get revenge. The increasing use of the internet and smartphones over the last decade has seen a rise in this kind of offending behaviour. In April 2015, the Criminal Justice and Courts Act created a specific offence of revenge porn. It became an offence to disclose private sexual photographs and film without the permission of the individual who appears in the photograph or film with intent to cause distress, however, the offence of revenge porn was repealed by virtue of the Online Safety Act 2023 which came into force at the end of January 2024. As new offences were created to try a more adequate deal with the rise of such offences. The old revenge porn offence is available for those offences committed prior to the 31st of January 2024. For offences committed after 31st of January 2024 four new offences have been created. These new offences are intended to address activity including so-called deep fake images and down-blousing. The old revenge porn offence remains available for offences committed on or after 13th of April 2015 and prior to the 31st of January 2024. This was initially limited to offences of actually disclosing, but the offence was extended in 2021 to include threatening to disclose private photographs or film. The old offences committed where person discloses or threatens to disclose a private sexual photograph or film in which another individual appears and by so doing that person intends to cause distress to that individual and the disclosure is or would be made without the consent of that individual. No offence is committed if the photograph or film is disclosed to the person who appears in it, the offence applies to any form of disclosure of private sexual photographs or film for example by uploading an image, sharing over text or email or by physically showing someone in person. The offence applies only where a photograph or film is of a private sexual nature originally and the offence is not established if a film or photograph has become private and sexual only due to alteration or combination or if the intended victim is depicted in a sexual way only due to alteration.
Essentially the person depicted in the film or photograph must not have wanted that to be shared it’s also a criminal offence to threaten to share the material. If there was no intent to cause distress, for example the person sharing the image just thought it was funny then under the old legislation an offence will not be committed. The content being shared must be of a sexual nature and private so not something ordinarily seen by the public. There are a number of defences available to the new offences where the photograph or film was taken in a place to which the public had access, that the individual shown in the photograph had no expectation of privacy or was in an intimate state voluntarily. A further defence would be where the individual disclosing the photograph had held a reasonable belief that the photograph or film had been previously publicly shared or that the individual depicted had previously consented to the previous sharing. The new revenge porn offences are either-way offences, this means that they can be dealt with in the Magistrates Court or the Crown Court. They carry a maximum penalty of up to two years imprisonment or an unlimited fine, however this does not automatically mean that an individual convicted of such offences would go to prison a court could choose to sentence an individual for revenge porn with a community penalty instead or sometimes a suspended sentence. A person convicted of these offences may also become subject to notification requirements, known as being on the sex offenders register. An intimate state is defined in the legislation as a photograph or film that shows or appears to show a person engaging in an act which a reasonable person would consider to be a sexual act. A person is doing something which a reasonable person would consider to be sexual. At the investigation stage, Olliers can communicate with the police on your behalf, we can prepare representations in relation to either mitigation if the offence is admitted or setting out your case if the offence is denied. If you are charged with this offence we can represent you at court with one of our specialist solicitors presenting your case. We will advise you on the strength of the evidence and the sentencing guidelines in the context of your case. If you are entering a guilty plea we will do our very best to ensure you receive the lowest sentence possible. If you are entering a not guilty plea we will put forward your case to the court, ensuring you have the best chance possible of the desired outcome. Contact us at Olliers to arrange advice and representation in relation to allegations of revenge porn or disclosing intimate photographs.
What Has Changed in the Law?
The law around intimate image abuse has expanded in recent years, particularly following the Online Safety Act 2023 and wider criminal law reforms.
Key changes include:
- New offences covering threats to share intimate images, even if no image is shared
- New offences covering creation of intimate images
- Reduced emphasis on proving intent to cause distress in certain cases
- Explicit inclusion of AI‑generated and deepfake sexual images
- Stronger obligations on online platforms to report and remove content
These changes mean conduct that may not previously have resulted in criminal charges can now lead to arrest, charge and prosecution.
Sharing Intimate Images Without Consent
It is a criminal offence in England and Wales to share an intimate image of another person without their consent. This includes images that were originally taken consensually within a relationship.
Sharing can include:
- Sending an image to one other person
- Uploading to a website or social media platform
- Forwarding an image in a private message or group chat
You do not need to profit from the image, and the image does not have to be shared publicly for an offence to be committed.
The Law
The offences of sharing intimate photographs/film are committed when someone intentionally shares a photo or film which shows, or appears to show, another person in an intimate state, and:
- Section 66B (1) Sexual Offences Act 2003: B does not consent to the sharing of the photograph or film, and A does not reasonably believe that B consents; or
- Section 66B (2) Sexual Offences Act 2003: A does so with the intention of causing B alarm, distress or humiliation, and B does not consent to the sharing of the photograph or film; or
- Section 66B (3) Sexual Offences Act 2003: A does so for the purpose of A or another person obtaining sexual gratification, B does not consent to the sharing of the photograph or film, and A does not reasonably believe that B consents.
If it’s not possible to identify a victim, the prosecution will look at all the evidence to decide if it’s obvious that the person shown did not agree to their image being shared.
Threatening to Share Intimate Images
Threatening to share an intimate image is now a specific criminal offence in its own right under Section 66B (4) Sexual Offences Act 2003. It is now illegal to threaten to share a photo or video that shows (or appears to show) someone in an intimate state:
A threat can be:
- Verbal
- Written
- Sent by message, email or social media
- Made during an argument or dispute
The offence applies if the person making the threat does so:
- Intentionally – aiming to make the person (or someone close to them) fear the threat will be carried out, or
- Recklessly – not caring whether the person (or someone close to them) fears the threat will be carried out.
Important: The prosecution does not need to prove that the photo or video actually exists, or that it truly shows someone in an intimate state. The threat alone is enough for the offence.
The image does not need to be shared and, in some cases, does not even need to exist. The focus is on the pressure or distress caused by the threat itself.
Cyber Flashing and Unsolicited Sexual Images
Cyber flashing involves sending unsolicited sexual images to another person, often via social media or messaging apps.
It is now a criminal offence under section 66A of the Sexual Offences Act 2003
where the image is sent:
- Intentionally
- For sexual gratification; or
- To cause alarm, distress or humiliation
You can be prosecuted even if the recipient does not know who sent the image.
AI‑Generated and Deepfake Images
The law now recognises that fake images can cause real harm.
AI‑generated or altered images that appear sexual and realistic can fall within intimate image abuse offences, even if:
- The image is entirely fabricated
- No real photograph ever existed
- The creator claims it was a joke or satire
Creating, sharing or threatening to share deepfake sexual images can lead to serious criminal consequences.
The new deepfake law came into force on 6th February 2026, as an amendment to existing legislation. Section 138 of the Data (Use and Access) Act 2025) amended the Sexual Offences Act 2003 to create new offences in relation to the creation of deepfake intimate images without consent from the person depicted.
Creating a Sexual Deepfake without Consent
It is now illegal to intentionally create a “purported sexual image” of someone without their consent, if it appears to show them nude or engaged in a sexual act under section 66E of the Sexual Offences Act 2003. This offence covers not just wholly fabricated images but any digitally altered images (so conventional photoshop jobs are included alongside AI-generated deepfakes).
Crucially, the law requires the image to be created intentionally, the person depicted in the image to not consent and for there to be no reasonable belief that they do consent.
This new offence carries a potentially unlimited fine upon conviction.
“Commissioning” Deepfakes is Also Illegal
The offence isn’t limited to the hands-on creator. The legislation also criminalises requesting or causing someone else to create a non-consensual explicit deepfake under section 66F of the Sexual Offences Act 2003. In other words, if Person A asks or pays Person B to make a fake sexual image of Person C, both A (who instigated it) and B (who did the editing) could be guilty of a criminal offence under the law.
This ensures those who procure deepfakes (for example, paying a website to produce a fake pornographic video of an ex-partner) cannot escape liability by saying “I didn’t do it myself.”
Social Media and Messaging Apps
Sharing intimate images on platforms such as WhatsApp, Instagram, Snapchat, Facebook, Telegram or similar services can amount to a criminal offence.
The police will consider:
- How the image was shared
- Who had access to it
- Whether it was forwarded on
- The impact on the complainant
Even private messages or closed groups can form the basis of a prosecution.
Could I go to prison for disclosing intimate photographs?
If convicted, penalties can be severe and long‑lasting. Depending on the offence, this may include:
- Up to two years’ imprisonment
- An unlimited fine
- A criminal record
- Placement on the sex offenders register
- Serious damage to employment and reputation
These new offences are ‘’either’ way offences. This means they can be dealt with in the Magistrates’ Court or the Crown Court.
They carry a maximum penalty of up to 2 years in prison. However, this does not automatically mean that an individual would go to prison. A court could choose to sentence an individual for revenge porn with a community penalty instead or sometimes a suspended sentence.
A person convicted of intimate image abuse may also become subject to notification requirements (known as being on the ‘Sex Offender’s Register).
What If You’re Accused of Intimate Image Abuse?
If you are accused, early legal advice is critical.
Many people unintentionally make matters worse by:
- Speaking to the police without representation
- Contacting the complainant
- Deleting messages or images
- Posting explanations online
All of these actions can be misinterpreted and used as evidence.
A specialist criminal defence solicitor can advise you on what to say, what not to say, and how best to protect your position from the outset.
Old Revenge Porn Offences
Many people are aware of the concept of revenge porn. The typical situation would be an individual uploading or distributing private sexual images of a former partner to get ‘revenge’ for whatever reason.
In April 2015 the Criminal Justice and Courts Act (CJCA) 2015 created the specific offence of ‘revenge porn’. It became an offence to ‘disclose private sexual photographs and films; without the permission of the individual who appears in the photograph or film; with intent to cause distress.’
However, the offence of ‘revenge porn’ (disclosing or threatening to disclose private sexual photographs and films with intent to cause distress) was repealed by virtue of the Online Safety Act 2023 which came into force on 31st January 2024 as new offences were created to try and more adequately deal with the rise of such offences.
The old revenge porn offence remains available for offences committed prior to 31 January 2024. For offences committed after 31 January 2024 four new offences have been created.
What defences are available to revenge porn offences?
Defences apply where:
- the defendant reasonably believed that the disclosure was necessary for the prevention, detection, or investigation of crime;
- a person discloses material in the course of or with a view to the publication of journalistic material so long as the person concerned reasonably believed that the publication in question was or would be in the public interest;
- the defendant reasonably believed that the material was previously disclosed for reward and had no reason to believe that the previous disclosure for reward was made without the consent of the individual
Intimate Image Abuse and Revenge Porn: Pre-Charge Engagement
At Olliers, we specialise in representing individuals during the pre-charge engagement stage of a criminal investigation – often the most difficult and stressful period in a client’s life. This stage, which precedes any formal charge, is critical. Decisions made here can shape the entire trajectory of a case. Our proactive and strategic approach is designed to protect reputations, minimise risk, and, wherever possible, prevent matters from progressing to charge.
We understand that being under investigation, particularly for an allegations involving intimate image use or revenge porn, can be overwhelming. Our team works closely with clients to manage every aspect of the process, from liaising with investigators to gathering evidence and preparing detailed representations. We aim to take control early, ensuring that our clients are not simply passive participants in a process that can feel intimidating and opaque.
At the pre-charge investigation stage, we can communicate with the police on your behalf. Our goal is to secure the best possible outcome, ideally without the matter ever reaching court.
Specialist revenge porn and intimate abuse image lawyers for court
When it comes to intimate image allegations, our approach remains rooted in the same principles: early intervention, meticulous preparation and unwavering support. These cases often carry significant stigma and emotional weight, and we recognise the importance of handling them with sensitivity, discretion and expertise.
If you are charged with an offence of revenge porn or disclosing intimate photographs, we can represent you at court, with one of our specialist solicitors presenting your case. We will advise you on the strength of the evidence and the sentencing guidelines in the context of your case. If you are entering a guilty plea, we will do our very best to ensure you receive the lowest sentence possible. If you are entering a not guilty plea, we will put forward your case to the court, ensuring you have the best chance possible of the desired outcome.
How can Olliers help?
At the pre-charge investigation stage, we can communicate with the police on your behalf. We can prepare representations in relation to either mitigation if the offence is admitted, or setting out your case if the offence is denied. Read more about our pre-charge investigation work here.
If you are charged with this offence, we can represent you at court, with one of our specialist solicitors presenting your case. We will advise you on the strength of the evidence and the sentencing guidelines in the context of your case. If you are entering a guilty plea, we will do our very best to ensure you receive the lowest sentence possible. If you are entering a not guilty plea, we will put forward your case to the court, ensuring you have the best chance possible of the desired outcome.
In England and Wales, it is a criminal offence to share intimate images of another person without their consent. This includes private sexual photographs or videos that are disclosed to cause distress, humiliation or harm. The law covers sharing images online, through messaging apps, email, or in person.
Recent changes in the law also mean that intent to cause distress is no longer always required, depending on the type of image and the offence charged. Sharing, or even taking steps to share, an intimate image without consent can result in criminal prosecution.
The offence commonly known as revenge porn can carry serious penalties. If convicted, a person may face:
- Up to two years’ imprisonment
- An unlimited fine
- A criminal record
- Being placed on the sex offenders register in some cases
The court will consider factors such as the type of image, how it was shared, the impact on the complainant, and whether there was any coercive or controlling behaviour involved.
Yes. Threatening to share an intimate image without consent is now a specific criminal offence, even if the image is never actually shared. This type of behaviour is often referred to as threatening disclosure and can include threats made verbally, in writing, or online.
A threat does not have to be carried out to be prosecuted. Simply making the threat, particularly in order to exert pressure or control, can be enough.
Cyber flashing involves sending unsolicited sexual images, usually via messaging apps, social media, or Bluetooth features such as AirDrop. Under UK law, cyber flashing is a criminal offence when the image is sent intentionally to cause alarm, distress, or humiliation, or for sexual gratification.
This offence can be prosecuted even if the recipient does not know the sender.
Yes. AI‑generated or altered intimate images, including deepfakes, can fall within intimate image abuse offences. The law recognises that harm can be caused even where an image is fake but appears realistic.
Creating, sharing, or threatening to share AI‑generated intimate images without consent can result in criminal charges, particularly where the image is sexual in nature and designed to humiliate or distress.
The Online Safety Act 2023 strengthens protections around intimate image abuse by expanding offences and making prosecutions easier. It introduces new offences that remove the need to prove intention to cause distress in some cases.
The Act also places duties on online platforms to remove illegal content more quickly, including intimate images shared without consent. This means allegations can escalate faster, making early legal advice especially important if you are accused.
If you are accused, take the allegation seriously and seek legal advice immediately. Do not contact the complainant, do not delete messages or images, and do not post about the matter online.
Anything you say to the police or online platforms can be used as evidence. A specialist criminal defence solicitor can advise you on your rights, help you prepare for police interviews, and challenge the allegation where appropriate.
Yes. Sharing intimate images on social media platforms such as WhatsApp, Instagram, Snapchat, Facebook or X can amount to a criminal offence if done without consent.
This includes sharing in private messages, closed groups, or public posts. The number of people who see the image and how widely it is shared can affect the seriousness of the charge.
Voyeurism usually involves observing or recording someone doing a private act without their knowledge, often in a place where privacy is expected. Intimate image abuse focuses on the sharing or threatening to share sexual images without consent.
While the offences are different, they can overlap. For example, secretly recording someone and later sharing the footage may lead to multiple charges.
Yes. Allegations of intimate image abuse are complex, fast-moving, and can have serious personal and professional consequences. Early advice from an specialist criminal defence solicitor can make a significant difference to the outcome.
A solicitor can speak to the police on your behalf, protect your rights, review the evidence, and guide you through the investigation process from the outset.
Need a solicitor for a revenge porn /intimate image abuse allegation?
If you have been accused of sharing intimate images, or are worried that an allegation may be made, it is important to get advice early. Our specialist solicitors can advise you in confidence. At Olliers, we understand the emotional toll and the importance of having someone in your corner who will listen, support and guide you through every step of the legal process.
Our specialist team offers confidential, compassionate and expert advice tailored to your circumstances. You don’t have to face this alone.
We have offices in both London and Manchester and our representation is nationwide. We are the Manchester Legal Awards Crime Team of the Year 2025, an award we have won eight times since 2011. We are ranked as a top tier criminal defence firm by both the Legal 500 2026 and Chambers Guide 2026. We are a Times Best Law Firm 2026.
Contact us today by completing the enquiry form below, telephoning 0161 8341515 or by emailing info@olliers.com. We’re here to help, without judgement and with the utmost discretion.
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