Sharing Intimate Images Without Consent (Section 66B Sexual Offences Act 2003)

Sharing Intimate Images Without Consent is an offence under s.66B Sexual Offences Act 2003, inserted on 31 January 2024 by s.188 Online Safety Act 2023; the earlier offence under s.33 Criminal Justice and Courts Act 2015 was repealed on the same date by s.190 of the 2023 Act. A person (A) commits the base offence if A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, B does not consent to the sharing, and A does not reasonably believe that B consents (s.66B(1)); no intention to cause distress is needed for that offence, though it is a defence to prove that A had a reasonable excuse for sharing (s.66B(8)). The aggravated forms are sharing with the intention of causing B alarm, distress or humiliation (s.66B(2)), sharing for the purpose of A or another person obtaining sexual gratification (s.66B(3)), and threatening to share such a photograph or film intending that, or reckless as to whether, B or another person who knows B will fear that the threat will be carried out (s.66B(4)). A person "shares" something if the person, by any means, gives or shows it to another person or makes it available to another person (s.66D(2)), and "photograph" and "film" carry the s.66A meaning, which includes an image made or altered by computer graphics or in any other way which appears to be a photograph or film (s.66D(4), s.66A(5)). Maximum sentence: for s.66B(2), (3) and (4), on conviction on indictment imprisonment for a term not exceeding 2 years, and on summary conviction imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020 s.224(1A)(b)) or a fine or both (s.66B(10)); for s.66B(1), on summary conviction only, imprisonment for a term not exceeding the maximum term for summary offences (six months, or 51 weeks if the offence is committed after s.281(5) Criminal Justice Act 2003 comes into force, s.66B(11)) or a fine or both (s.66B(9)).

In practice

The offences under s.66B(2), (3) and (4) are either-way: they may be tried at the magistrates' court or the Crown Court, and mode of trial depends on the seriousness and the defendant's election. The base offence under s.66B(1) is summary only. Officers should seize devices under s.19 PACE 1984 and request platform takedown of images. Victims should be referred to specialist support services. Evidence preservation is critical: screenshot and record URLs, platform messages, and any communications between suspect and victim. Contact internet platforms for data preservation requests. Consider whether a Sexual Harm Prevention Order or Restraining Order should be sought. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).