(a)knows or has reason to believe that the image or recording was obtained through the commission of an offence under section 377BB; or
Section history
Section 377BD — Possession of or gaining access to voyeuristic or intimate image or recording
As in force on 14 January 2022.
Timeline 2 versions
- 1 January 2020 Act 15 of 2019
- 14 January 2022 You are here
- 17 August 2026 Act 21 of 2025
(1)Any person shall be guilty of an offence who has in his possession or has gained access to an image or recording of another person and —
(b)knows or has reason to believe that —
(i)the image or recording is an intimate image or recording as defined in section 377BE(5);
(ii)the possession of or access to the image or recording was without the consent of the person depicted in the image or recording; and
(iii)the possession of or access to the image or recording will or is likely to cause humiliation, alarm or distress to the person depicted in the image or recording.
(2)Subject to subsection (3), a person who is guilty of an offence under this section shall on conviction be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.
(3)Where the image or recording mentioned in subsection (1)(a) is of a person below 14 years of age, a person who is guilty of an offence under this section 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.
(4)For the purposes of subsection (1) —
(a)a person has in his possession an image or recording of another person that is in electronic form if he controls access to the electronic image or recording, whether or not he has physical possession of the electronic image or recording; and
(b)the ways in which a person gains access to an image or recording may include —
(i)viewing or displaying it by an electronic medium or any other output of the image by an electronic medium; or
(ii)communicating, sending, supplying or transmitting the image to himself or herself.