What Is Revenge Porn and Why Does it Qualify as a Criminal Offence? However, if the accused shared the photos or videos accidentally and/or wasn’t aware of the consequences, criminal charges may not be easy to prove. The accused may be convicted of non-consensual distribution of intimate images if he or she knows or is ignorant of the fact that the person depicted did not give consent to its public distribution.

c) the person depicted retains a reasonable expectation of privacy at the time the offence is committed.

b) at the time of the recording, the circumstances called for a reasonable expectation of privacy (for example, a photo or video taken of a person when he or she is in the bedroom or bathroom).

a) the depicted person is revealing his/her private parts (breasts, genitals, anal region) and/or is engaged in any sexual activity.

Sharing, distribution or selling of such content is considered illegal if: Section 162.1 of the Criminal Code defines an ‘intimate image’ as a photographic, film or video recording involving explicit sexual activity, nudity or partial nudity. If you have been charged with revenge porn or non-consensual pornography, here is what you should know. With the increasing use of social media and smartphones, this crime is on the rise and can have serious consequences for both victim and accused. It is often referred to as ‘revenge porn’ in Canada. Since March 2015, publication of intimate images of someone without their consent is considered a criminal offence.

Even if he is innocent, he has to prove in court that the photos were shared accidentally.

John could be charged with non-consensual distribution of intimate images. What if someone had stolen Liza’s picture from his phone and circulated it on social media? It doesn’t matter. What’s worse, it wasn’t password protected. Suddenly he remembers that he had to replace his phone the other day because the one with the ‘cute pic’ got left in a men’s room.

Her world turned upside down, she calls John immediately. And she shares an intimate picture with him, only to find it circulating on social media soon after. Can you send me a cute pic? You know what I mean.”

She is sharex porn