Publication or transmission of image of private area

(1) A person commits an offence who, without the explicit consent of another person, intentionally captures, stores in, publishes or transmits through a computer system, an image of a private area of the other person and is liable– (a) on summary conviction to a fine of five thousand dollars and to a term of imprisonment for five years; or (b) on conviction on indictment to a fine of ten thousand dollars and to a term of imprisonment for ten years. (2) For the purposes of this section, “private area” means genitalia, buttocks or breasts. (3) Notwithstanding the penalty under sub-section (1), a Court may, by Order prohibit the offender from using the internet or any computer system and impose any conditions on the offender as determined by the Court. 17 (4) An Order under sub-section (3) shall be for any period the Court considers appropriate, including any period of imprisonment imposed on the offender. (5) A prosecutor or an offender may apply to the Court for a variation of any condition under the Order. (6) Where the Court determines that there is a change in the circumstances of the case, the Court may vary the conditions of the Order.