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Sharing or threatening to share an intimate photograph or film

s.66BSexual Offences Act 2003

Intentionally sharing a photograph or film showing another person in an intimate state without their consent, or threatening to share one.

Sharing or threatening to share an intimate photograph or film · Sexual Offences Act 2003, s.66BCard 140 / 195

Points to prove

s.66B(1)Intentionally shared a photograph or film which shows, or appears to show, another person (B) in an intimate state; B did not consent to the sharing; A did not reasonably believe that B consented
s.66B(2)Intentionally shared such a photograph or film, with the intention of causing B alarm, distress or humiliation; B did not consent to the sharing
s.66B(3)Intentionally shared such a photograph or film for the purpose of A or another person obtaining sexual gratification; B did not consent; A did not reasonably believe that B consented
s.66B(4)Threatened to share such a photograph or film, intending that B or someone who knows B will fear the threat will be carried out, or being reckless as to that

Key definitions

Shares – s.66D(2): by any means gives or shows it to another person or makes it available to them.
Intimate state – s.66D(5): engaging in a sexual act or doing something sexual; all or part of exposed genitals, buttocks or breasts; urinating or defecating; or personal care associated with those. “Exposed” includes through wet or see-through clothing, covered only by underwear, or obscured by something no bigger than underwear (s.66D(6)). Things ordinarily seen in public are excluded, except breastfeeding (s.66D(8)).
Photograph or film – s.66A(3) to (5): includes images made or altered by computer graphics that appear to be a photograph or film, so deepfakes are covered.
Threat – s.66B(7): the image need not exist.

Defences

Reasonable excuse – s.66B(8): for s.66B(1) only, the defendant must prove it.
Exemptions – s.66C: images taken in a public place where B had no reasonable expectation of privacy and was voluntarily in that state; images previously shared publicly with B’s consent (or A reasonably believes so); and, for s.66B(1) only, sharing with a healthcare professional where B is under 16 and lacks capacity, and images of children of a kind ordinarily shared between family and friends.

Good to know

Inserted by the Online Safety Act 2023 from 31 January 2024. It replaced the old “revenge porn” offence of disclosing private sexual photographs and films (Criminal Justice and Courts Act 2015, s.33), repealed from the same date. The old offence needed intent to cause distress. The new s.66B(1) does not.
If s.66B(2) or (3) is not proved, the court or jury may convict of s.66B(1) instead (s.66B(12)).
Not yet in force: Sch. 13 to the Crime and Policing Act 2026 inserts s.66B(5A), applying the s.76 conclusive presumptions to s.66B(1) to (3). It extends the s.66H time limit (within 3 years of the offence and 6 months of the prosecutor having sufficient evidence) to s.66B(1), and inserts new offences, including taking or recording an intimate photograph or film (s.66AB). As at November 2026 these provisions have not been commenced.

Legislation: Sexual Offences Act 2003, s.66B (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (s.66B(2), (3) and (4)); summary only (s.66B(1))
Maximum penalty: s.66B(2) to (4) – 2 years' imprisonment (on indictment), 12 months' imprisonment and/or a fine (summary); s.66B(1) – 6 months' imprisonment and/or a fine
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Sharing or threatening to share an intimate photograph or film: questions people ask

What are the points to prove for sharing or threatening to share an intimate photograph or film?

1. Intentionally shared a photograph or film which shows, or appears to show, another person (B) in an intimate state; B did not consent to the sharing; A did not reasonably believe that B consented 2. Intentionally shared such a photograph or film, with the intention of causing B alarm, distress or humiliation; B did not consent to the sharing 3. Intentionally shared such a photograph or film for the purpose of A or another person obtaining sexual gratification; B did not consent; A did not reasonably believe that B consented 4. Threatened to share such a photograph or film, intending that B or someone who knows B will fear the threat will be carried out, or being reckless as to that

What is the maximum sentence for sharing or threatening to share an intimate photograph or film?

S.66B(2) to (4) – 2 years' imprisonment (on indictment), 12 months' imprisonment and/or a fine (summary); s.66B(1) – 6 months' imprisonment and/or a fine.

Is sharing or threatening to share an intimate photograph or film a summary, either-way or indictable offence?

Mode of trial: Either way (s.66B(2), (3) and (4)); summary only (s.66B(1)).

What Act and section is sharing or threatening to share an intimate photograph or film?

Sharing or threatening to share an intimate photograph or film is an offence under the Sexual Offences Act 2003, s.66B.

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