Disclosing or threatening to disclose intimate images
In Scotland it is an offence to share, or threaten to share, a photo or film showing someone in an intimate situation without consent, intending to cause fear, alarm or distress or being reckless about it. It is in section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 and carries up to 5 years.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Revenge porn, Intimate image abuse, Sextortion |
|---|---|
| The law | Abusive Behaviour and Sexual Harm (Scotland) Act 2016, section 2 |
| Where it is tried | prosecuted either under summary procedure in the sheriff court or under solemn procedure before a sheriff and jury, depending on seriousness. |
| Maximum penalty | On summary conviction, up to 12 months' imprisonment and/or a fine of up to £10,000; on conviction on indictment, up to 5 years' imprisonment and/or an unlimited fine. The court must consider making a non-harassment order to protect the victim. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The accused disclosed, or threatened to disclose, a photograph or film that shows, or appears to show, another person in an intimate situation.
- An intimate situation means engaging in a sexual act not ordinarily done in public, or having the genitals, buttocks or breasts exposed or covered only by underwear.
- The accused intended to cause that person fear, alarm or distress, or was reckless as to whether this would happen.
- The image had not previously been shared with the public by that person or with their consent.
- Disclosing includes giving, showing or making the image available to anyone other than the person shown, even a single person.
Defences and common issues
- Consent: the person shown consented to the disclosure, or the accused reasonably believed they did.
- The accused reasonably believed disclosure was necessary to prevent, detect, investigate or prosecute crime.
- The accused reasonably believed disclosure was in the public interest.
- The person was in the intimate situation voluntarily in a place the public could access while members of the public were present.
Frequently asked questions
Is threatening to share nude images a crime in Scotland even if they are not shared?
Yes. Under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, threatening to disclose an intimate photo or film is an offence in the same way as actually disclosing it, where the person intends to cause fear, alarm or distress or is reckless about it. This covers threats made to control a partner and sextortion, where someone demands money or more images. The maximum penalty is 5 years' imprisonment. Demanding money with threats can also amount to extortion.
Does the law cover fake or edited intimate images (deepfakes)?
Partly. The offence covers a photo or film that shows or appears to show someone in an intimate situation, and it includes images that have been altered, so editing a real photo of a person into a sexual image can be covered. However, the definition requires the image to have originally been captured by photography or filming, so a wholly computer-generated image may fall outside it. In February 2026 the Scottish Government consulted on new offences for creating intimate deepfakes, which were not in force at the time of writing.
What if the intimate image is of someone under 18?
Much more serious offences may apply. Taking, making, sharing or possessing an indecent photograph or pseudo-photograph of a child under 18 is an offence under section 52 of the Civic Government (Scotland) Act 1982 and related provisions, even if the young person took and sent the image themselves. Police and prosecutors take into account the circumstances where young people share images consensually between themselves. Anyone worried about an image of a child should not forward it and can report it to police.
What can I do if someone threatens to share my intimate images?
You can report it to Police Scotland on 101, or 999 if you are in immediate danger. Keeping evidence such as screenshots of messages, usernames and dates can help an investigation, but forwarding the image itself should be avoided. Support services, including the Revenge Porn Helpline, can help get images removed from websites. Experts generally advise against paying anyone making threats. If you are a victim you are the complainer in any case, and it is the offender, not you, who commits the offence.
Is sending someone an unwanted sexual image a crime in Scotland?
Yes. Sending an unsolicited sexual image, sometimes called cyberflashing, is usually prosecuted in Scotland under section 6 of the Sexual Offences (Scotland) Act 2009, coercing a person into looking at a sexual image. It applies where the sender intentionally causes someone, without consent or reasonable belief in consent, to look at a sexual image, for sexual gratification or to humiliate, distress or alarm them. The cyberflashing offence in the Online Safety Act 2023 applies only in England and Wales.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016, section 2
- Abusive Behaviour and Sexual Harm (Scotland) Act 2016, section 3 (interpretation)
- Sexual Offences (Scotland) Act 2009, section 6
- Civic Government (Scotland) Act 1982, section 52
- Holyrood: Scottish Government proposes criminalising intimate deepfake creation
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