(1)For the purposes of section 2, a person is in an “intimate situation” if—
(a)the person is engaging or participating in, or present during, an act which—
(i)a reasonable person would consider to be a sexual act, and
(ii)is not of a kind ordinarily done in public, or
(b)the person’s genitals, buttocks or breasts are exposed or covered only with underwear.
(2)In section 2—
“film” means a moving image in any form, whether or not the image has been altered in any way, that was originally captured by making a recording, on any medium, from which a moving image may be produced, and includes a copy of the image,
“photograph” means a still image in any form, whether or not the image has been altered in any way, that was originally captured by photography, and includes a copy of the image.