FabSwingers.com: Ben (60) & sandy (55) , Couple in Dublin, Dublin, Ireland

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Since 9 February 2021, new laws apply to the sharing of intimate images without the consent of the person in the images. If you record, distribute or publish intimate images without the permission of the person featured in the images (sometimes called the subject of the images), you are guilty of an offence.

Depending on your intent in sharing the images, you can face a maximum prison sentence of up to 7 years. Protections have been put in place to ensure that the alleged victim is not further harmed or embarrassed during any prosecution.

What is an intimate image?

Intimate images are broadly defined in the Harassment, Harmful Communications and Related Offences Act 2020, also known as “Coco’s Law”.

Intimate images include any photograph or video of:

A person’s genitals, buttocks or anal region (and, in the case of women, their breasts)

The underwear covering these parts of the body

A naked person

A person engaged in any form of sexual activity

Offences

There are 2 separate criminal offences for the making or sharing of intimate images that cause harm. Harm can take many forms but includes anything which seriously interferes with the victim’s peace or privacy, or which causes alarm or distress.

1. Intent to cause harm

The first, more serious offence is distributing, publishing or threatening to distribute or publish an intimate image without consent and with the intent to cause harm or being reckless as to whether harm is caused (knowing but not necessarily intending for harm to be caused). This is sometimes known as revenge porn.

If you are found guilty of this offence, you can be sentenced to a class A fine or a maximum prison term of 12 months or both in the District Court. More serious versions of the offence can be prosecuted in the Circuit Court such as where a large number of intimate images are released or where the intimate images are shared to a wide audience. If you are found guilty of this offence in the Circuit Court, you can be sentenced to an unlimited fine or maximum prison term of 7 years or both.

2. No specific intent to cause harm

The second, less serious offence is recording, distributing or publishing an intimate image without consent even if there was no specific intent to cause harm. This offence would cover situations such as sharing intimate images of someone you do not know.

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