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SHARING • THREATS • DEEPFAKES • DIGITAL ATTRIBUTION

Intimate Image Offences Defence

Intimate-image law has changed substantially. Current offences can cover sharing or threatening to share intimate photographs or films without consent, creating or requesting purported intimate images such as sexual deepfakes, and making or supplying certain intimate-image generators. The date of the alleged conduct and exact statutory route are critical.

KEY ANSWER

The position in brief

From 31 January 2024, sections 66B to 66D Sexual Offences Act 2003 created offences covering sharing or threatening to share intimate photographs or films in specified circumstances. The prosecution must identify which subsection applies because the mental element differs between the basic non-consensual sharing offence, sharing intended to cause alarm, distress or humiliation, sharing for sexual gratification and threatening to share.

Further offences came into force in 2026. Sections 66E and 66F address creating or requesting the creation of purported intimate images of adults without consent or reasonable belief in consent, including sexual deepfakes. Section 66I, brought into force on 29 June 2026, addresses making or supplying purported intimate-image generators.

Legal issues

The alleged date matters because older conduct may fall under the repealed section 33 Criminal Justice and Courts Act 2015 rather than the newer Sexual Offences Act regime. Current law also contains exemptions and defences under sections 66B, 66C and 66J that must be considered against the precise conduct alleged.

In a threat case, the prosecution does not need to prove that the threatened image actually exists. In deepfake cases, the legal issue is not whether the image is a genuine photograph, but whether it satisfies the statutory definition of a purported intimate image.

Evidence that matters

Evidence can include the image or file itself, metadata, platform records, device extraction, account attribution, IP or login material, complete message threads, cloud records, screenshots, witnesses and evidence of consent or previous sharing.

Reasonable lines of enquiry

Reasonable enquiries may include preserving platform data, testing device or account attribution, examining metadata, identifying who created or first uploaded material, obtaining complete communications and testing any claimed consent, prior public sharing or statutory exemption.

What happens next

Investigations may involve seizure and examination of phones, computers, cloud accounts and social-media records. Charge selection is date-sensitive because the intimate-image framework changed in 2024 and again in 2026.

Immediate steps

Do not delete images, messages, cloud material or account history. Preserve original files and complete threads. Do not re-share material merely to prove that it exists; obtain legal advice on the safest way to preserve and provide evidence.

What should you send us?

Send the allegation or charge, police/bail papers, next date, relevant complete communications, platform/account details, device information, metadata or screenshots and a concise chronology.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the correct statutory offence for the alleged date, analyse consent and mental element, test digital attribution, review metadata and communications, advise at interview and prepare pre-charge or court defence.

Primary legal sources

NEXT STEP

Discuss an intimate-image allegation confidentially

Send the alleged conduct, date, platform/device details and core communications so the correct statutory route and digital evidence can be assessed.

Discuss an intimate-image allegation confidentially

FREQUENTLY ASKED QUESTIONS

Questions about this issue

Is the old ‘revenge porn’ law still the main offence?

No. Section 33 Criminal Justice and Courts Act 2015 was repealed for conduct from 31 January 2024. Current allegations are generally analysed under the newer Sexual Offences Act provisions, although section 33 remains relevant to conduct before repeal.

Can a sexual deepfake be an offence even if no real nude photograph exists?

Yes. Sections 66E and 66F can apply to purported intimate images that appear to depict the person, including AI-generated or manipulated material, if the statutory elements are satisfied.

Does a threatened intimate image have to exist?

No. For the section 66B(4) threat offence, the prosecution does not need to prove that the image exists.