Is Revenge Porn a Crime in Canada?

Yes. Distributing intimate images of someone without their consent has been a criminal offence in Canada since 2014. Here is how the law works and what the penalties look like.

Revenge porn is a crime in Canada. The Criminal Code defines it as the non-consensual distribution of intimate images, and it carries serious penalties including up to five years in prison.

The term “revenge porn” is colloquial. It refers to situations where sexually explicit images or videos of a person are shared without their consent, often by a former partner after a relationship ends. The intent is usually to humiliate, punish, or coerce. But the law does not require proof of a specific motive. The offence is the distribution itself, regardless of why it was done.

How Canada Criminalized Non-Consensual Intimate Images

Before 2014, there was no specific Criminal Code provision targeting this behaviour. Prosecutors had to rely on other charges like criminal harassment or defamatory libel, which did not always fit.

That changed with the Protecting Canadians from Online Crime Act, which received Royal Assent in 2014. The Act created Section 162.1 of the Criminal Code, a provision specifically targeting the non-consensual distribution of intimate images.

What the Law Actually Says

Section 162.1(1) of the Criminal Code makes it an offence to knowingly publish, distribute, transmit, sell, make available, or advertise an intimate image of a person knowing that the person depicted did not give their consent to the distribution, or being reckless as to whether they consented.

An “intimate image” is defined under Section 162.1(2) as a visual recording of a person made by any means, in which the person is nude, exposing their genital organs, anal region, or breasts, or is engaged in explicit sexual activity. The recording must have been made in circumstances that gave rise to a reasonable expectation of privacy, and the person depicted must have retained that reasonable expectation of privacy at the time the image was distributed.

That last point matters. If someone posed for a professional publication or shared images publicly on their own, the reasonable expectation of privacy may not apply. But images taken in a private, intimate context between partners almost always meet that threshold.

How This Differs From Voyeurism

The original blog on this topic referenced the voyeurism provisions under Section 162 of the Criminal Code. Voyeurism and non-consensual distribution of intimate images are related but distinct offences.

Voyeurism under Section 162 covers the act of secretly observing or recording someone in circumstances where they have a reasonable expectation of privacy. This is about the creation of the recording, done without the person’s knowledge.

Section 162.1, the revenge porn provision, covers the distribution of intimate images without consent. The person depicted may have known the images were being taken and may have even consented to the recording at the time. The offence is sharing those images without permission.

In practice, both charges can apply in the same case. Someone who secretly records a partner and then distributes those images could face charges under both Section 162 and Section 162.1.

What Are the Penalties?

Non-consensual distribution of intimate images under Section 162.1 is a hybrid offence, meaning the Crown can proceed either by indictment or by summary conviction.

If prosecuted by indictment, the maximum sentence is five years imprisonment. If prosecuted by summary conviction, the penalties are lower but a conviction still results in a criminal record.

The court can also make additional orders, including a prohibition order preventing the offender from using the internet or other digital networks in ways that could facilitate the offence, and an order for the removal of the intimate images from the internet.

Other Charges That Can Apply

Depending on the circumstances, distributing intimate images without consent can also lead to charges under other sections of the Criminal Code.

Criminal harassment under Section 264 may apply if the distribution is part of a pattern of conduct that causes the victim to fear for their safety. Extortion under Section 346 may apply if the images are being used to coerce the victim into doing something, whether that is staying in a relationship, performing sexual acts, or paying money. Defamatory libel under Section 298 may apply in certain circumstances where the distribution is intended to damage the person’s reputation.

The specific charges depend on the facts of the case.

If You Are Facing Charges Related to Intimate Images

A charge under Section 162.1 or any related provision carries the possibility of a criminal record, imprisonment, and lasting consequences for employment, relationships, and reputation. These cases involve sensitive evidence and complex questions around consent, privacy, and intent.

Getting experienced legal representation early is important. The way the evidence is handled and the defence is framed from the outset can shape the entire outcome. Contact Pyzer Criminal Lawyers for a free consultation.

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