Publication of an intimate image

Section 162.1 of the Criminel Code: Publication, etc., of an intimate image without consent

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.