- Latest available (Revised)
- Point in Time (24/04/2017)
- Original (As enacted)
No versions valid at: 24/04/2017
Point in time view as at 24/04/2017. This version of this provision is not valid for this point in time.
There are currently no known outstanding effects for the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 03/07/2017
(1)A person (“A”) commits an offence if—
(a)A discloses, or threatens to disclose, a photograph or film which shows, or appears to show, another person (“B”) in an intimate situation,
(b)by doing so, A intends to cause B fear, alarm or distress or A is reckless as to whether B will be caused fear, alarm or distress, and
(c)the photograph or film has not previously been disclosed to the public at large, or any section of the public, by B or with B's consent.
(2)For the purposes of this section, a photograph or film is disclosed if it, or any data or other thing which is capable of being converted into it, is given, shown or made available to a person other than B.
(3)In proceedings for an offence under subsection (1), A has a defence if any of the following facts is established—
(a)B consented to the photograph or film being disclosed,
(b)A reasonably believed that B consented to the photograph or film being disclosed,
(c)A reasonably believed that disclosure of the photograph or film was necessary for the purposes of the prevention, detection, investigation or prosecution of crime, or
(d)A reasonably believed that disclosure of the photograph or film was in the public interest.
(4)For the purposes of subsection (3), consent to the photograph or film being disclosed may be—
(a)consent which is specific to the particular disclosure or (as the case may be) the particular threatened disclosure, or
(b)consent to disclosure generally where that consent covers the particular disclosure or (as the case may be) the particular threatened disclosure.
(5)In proceedings for an offence under subsection (1), A has a defence if the following matter is established—
(a)B was in the intimate situation shown in the photograph or film,
(b)B was not in the intimate situation as a result of a deliberate act of another person to which B did not agree, and
(c)when B was in the intimate situation—
(i)B was in a place to which members of the public had access (whether or not on payment of a fee), and
(ii)members of the public were present.
(6)For the purposes of subsection (3), a fact is established, and for the purposes of subsection (5), the matter is established, if—
(a)sufficient evidence is adduced to raise an issue as to whether that is the case, and
(b)the prosecution does not prove beyond reasonable doubt that it is not the case.
(7)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).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: