Sexual offences
Sharing or threatening to share intimate photographs or film
Sexual Offences Act 2003, s.66B (CJCA 2015, s.33 repealed 31 January 2024)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- s.66B(1) summary only; s.66B(2)–(4) either way
- Maximum penalty
- s.66B(1): summary maximum; s.66B(2)–(4): 2 years' custody
Actus reus
- CJCA 2015 ss.33–35 were repealed on 31 January 2024 (Online Safety Act 2023, s.190). Current sharing / threat offences are SOA 2003, s.66B.
- s.66B(1)–(3): intentionally shares a photograph or film which shows or appears to show another (B) in an intimate state, and B does not consent (plus the extra intent/purpose in (2) and (3)).
- s.66B(4): threatens to share such a photograph or film. The image need not exist (s.66B(7)).
Mens rea
- s.66B(1): no reasonable belief that B consents.
- s.66B(2): intention of causing B alarm, distress or humiliation (no reasonable-belief element).
- s.66B(3): purpose of sexual gratification, and no reasonable belief that B consents.
- s.66B(4): intention that B or someone who knows B will fear the threat will be carried out, or recklessness as to that fear.
Defences
Consent, or (for (1) and (3)) a reasonable belief in consent · Reasonable excuse for sharing — s.66B(8), s.66B(1) only · s.66C exemptions (read the section — do not treat “it was already online” as a complete answer) · Pre-31 January 2024 conduct may still be charged under the repealed CJCA s.33 — check the date and the section on the sheet
Sentencing Council
Sentencing Council guideline effective 01 October 2018. Offence range: Discharge – 1 year 6 months’ custody.
At the police station
Read the charged subsection. s.66B(1) is summary only; (2)–(4) are either way with a 2-year maximum. Preserve the messages and the original file metadata.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.