Clause 49

in the section heading, after “recording”, insert “and production of intimate image or recording”;

in subsection (2), replace “this section” with “subsection (1)”;

in subsection (3), after “subsection (1)(a)”, insert “or (b)”; and

after subsection (4), insert —“(5) Any person who intentionally produces an intimate image or recording (as defined in section 377BE(5)) of another person (B) —

without the consent of B; and

knowing or having reason to believe that the production of the image or recording will or is likely to cause humiliation, alarm or distress to B,shall be guilty of an offence.(6) Subject to subsection (7), a person who is guilty of an offence under subsection (5) shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.(7) If the intimate image or recording mentioned in subsection (5) is of a person below 14 years of age, a person who is guilty of an offence under subsection (5) shall on conviction be punished with imprisonment for a term which may extend to 2 years, and shall also be liable to fine or to caning.(8) For the purposes of subsection (5), the ways in which material is produced may include —

filming, printing, photographing, recording, writing, drawing or otherwise generating material;

altering or manipulating material; or

reproducing or copying material.”.