Disclosure of Intimate Images (Scotland) Act 2017 1

MODEL
SCOTTISH PARLIAMENT

Disclosure of Intimate Images (Scotland) Act 2017

2017 asp 2

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 7th October
2017 and received Royal Assent on 8th October 2017

An Act of the Scottish Parliament to create an offence of sharing private intimate images
without consent (commonly known as revenge porn).

1 Offence of disclosing an intimate image

(1) A person commits an offence if
(a) they disclose an intimate image of another person, or
(b) they threaten to disclose an intimate image of another person.
(2) A person is not guilty of an offence under subsection (1) if
(a) all people appearing in the image consented to the disclosure of the intimate
image, or
(b) the person reasonably believed that the disclosure of the intimate image was
necessary for the purposes of prevention, detection, investigation or
prosecution of crime.
(3) For the purposes of subsection (2), consent to the disclosure of an intimate image
may be
(a) consent which is specific to the particular disclosure, or
(b) consent to disclosure generally where that consent covers the particular
disclosure.
(4) A person who commits an offence under subsection (1) is liable
(a) on summary conviction, to imprisonment for a term not exceeding 12 months
or a fine not exceeding the statutory maximum (or both),
(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years
or a fine (or both).

2 Interpretation
(1) In this Act, an intimate image is to be defined as a still or moving image of one or
more persons where the person
(a) is or appears to be engaging or participating in an act that is sexual and would
2 Disclosure of Intimate Images (Scotland) Act 2017

breach public decency legislation if committed in public, or

(b) has or appears to have their buttocks, breasts or genitals exposed or covered
only by underwear.
(2) An intimate image is disclosed if the image or any data that may be converted to
the image is given, shown, or made available to a person who does not appear in the
image.

3 Short title and commencement

(1) The short title of this Act is the Disclosure of Intimate Images (Scotland) Act 2017.
(2) This Act comes into force on the day after Royal Assent.