Revenge Porn

Old Revenge Pornography offence: Disclosing, or Threatening to Disclose, Private Sexual Photographs or Film with Intent to Cause Distress under Section 33 Criminal Justice and Courts Act 2015 

The old revenge porn offence remains available for offences committed on or after 13 April 2015 and prior to 31 January 2024. Initially limited to offences of ‘disclosing’, the offence was extended from 29 June 2021 to include ‘threatening’ to disclose private photos/film. 

The offence is committed where: 

• a person discloses, or threatens to disclose, a private sexual photograph or film in which another individual appears, 
• by so doing, the 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 photo/film is disclosed to the person who appears in it. Note also that a person charged with an offence under this section is not to be taken to have intended to cause distress by disclosing, or threatening to disclose, a photograph or film merely because that was a natural and probable consequence of the disclosure or threat. 

The offence applies to any form of disclosure of private sexual photographs or films, for example, by uploading image, sharing by text/e-mail, or by physically showing someone. 

The offence applies only where a photograph or film is of a private sexual nature originally. 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 an alteration or combination. 

What defence 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 

What constitutes revenge porn? 

Essentially, the person depicted in the film or photograph must not have wanted that to be shared. It is also a crime to threaten to share this material. 

If there was no intent to cause distress, for example the person sharing the image just thought it was funny, then the offence will not be committed for the old revenge porn offence. 

The content being shared must be of a sexual nature and private, so not something ordinarily seen by the public. 

New revenge porn and disclosing intimate photographs offences 

Sharing Intimate Photographs or Film – Section 66B (1) – (3) Sexual Offences Act 2003 

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.

Defences to disclosing intimate photographs 

There are a number of defences available where: 

• the photograph or film was taken in a place to which the public had access; that B had no expectation of privacy; and, B was (or A believed B was) in an intimate state voluntarily; 
• A reasonably believes that the photograph or film had been previously publicly shared, and B had (or A reasonably believes that B had) consented to the previous sharing. 

Further exceptions to 66B (1) SOA 2003 offence where: 

• B is a person under 16; B lacks, or A reasonably believes that B lacks, capacity to consent to the sharing of the photograph or film; and, the photograph or film is shared either with a healthcare professional acting in that capacity, or otherwise in connection with the care or treatment of B by a healthcare professional 
• a photograph or film which shows, or appears to show, a child in an intimate state, is of a kind ordinarily shared between family and friends  

Could I go to prison for disclosing intimate photographs? 

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 revenge porn may also become subject to notification requirements (known as being on the ‘Sex Offender’s Register). 

Threatening to Share Intimate Photographs or Film – Section 66B (4) Sexual Offences Act 2003: 

A new criminal offence has been introduced to tackle threats involving intimate images or videos.
It is now illegal to threaten to share a photo or video that shows (or appears to show) someone in an intimate state.

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.

Defences to threatening to disclose intimate photographs 

A defence is available if, in the situation described by the threat, sharing the photo or video would not actually break the law under section 66B(1), (2) or (3) of the Sexual Offences Act 2003.

What does ‘intimate state’ mean? 

An intimate state is defined 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;
• All or part of a person’s exposed genitals, buttocks or breasts; a person in an act of urination or defecation; or
• A person carrying out an act of personal care associated with that person’s urination, defecation or genital or anal discharge. 

If a photo or video shows something (apart from breastfeeding) that people would usually see in public, it is not considered ‘intimate’. Whether something is ‘ordinarily seen in public’ will depend on the details of each situation.  

Are photographs of breastfeeding considered to be of an ‘intimate state’? 

Photographs of breastfeeding including the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding) will constitute images of an ‘intimate state’ without considering whether they are ‘of a kind ordinarily seen in public’. 

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 allegation of a sexual nature, 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 lawyers for court  

When it comes to sexual offence 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 without consent, 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 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.