Deepfake Sexual Images Now Criminalised in NSW: What You Need to Know
At Criminal Lawyers Group, we are seeing a rapid increase in clients seeking advice about offences involving intimate images, artificial intelligence, and police investigations.
In response to the rise of deepfake technology, the NSW Government has introduced major reforms through the Crimes Amendment (Intimate Image and Audio Material) Act 2025 (NSW), significantly expanding criminal offences under the Crimes Act 1900 (NSW).
These new laws mean that creating, altering, or distributing AI-generated sexual content without consent is now a serious criminal offence.
What Are Deepfake Sexual Images?
Deepfake material refers to digitally generated or altered images, video, or audio that appear to depict a real person engaging in sexual or intimate activity.
These materials are often highly realistic and may:
- Use a real person’s face or likeness
- Be entirely AI-generated
- Be altered from existing images or recordings
The law now recognises that deepfake sexual content can cause the same level of harm as real non-consensual intimate images.
Why the Law Has Changed
The reforms respond to a dramatic rise in deepfake abuse.
Authorities have identified:
- A sharp increase in AI-generated sexual content
- The overwhelming majority targeting women and young people
- Significant psychological, reputational, and financial harm to victims
The law now treats this conduct as a serious form of abuse, harassment, and coercive control.
New Criminal Offences in NSW
The amendments expand existing “revenge porn” laws and now criminalise:
1. Creating Deepfake Intimate Material
It is now an offence to:
- Create AI-generated sexual images or audio of a person
- Without their consent
- Where the material appears to depict them
2. Altering Images or Audio
It is also an offence to:
- Edit or manipulate images or recordings
- So they become sexual or intimate in nature
- Without the person’s consent
3. Distributing Intimate Material
Distributing any intimate image or audio — including deepfakes — without consent remains a serious offence.
4. Threats
It is a criminal offence to threaten to:
- Create
- Alter
- Distribute
intimate material — even if the material does not actually exist.
New Legal Definitions
The amendments introduce broader definitions under the Crimes Act 1900 (NSW):
Intimate Image Material
Includes:
- Real images of private parts or sexual activity
- Altered images
- Fully AI-generated (simulated) depictions
Intimate Audio Material
Now also covers:
- Sexual audio recordings
- AI-generated or altered audio
- Audio where a person would reasonably expect privacy
Simulated Person
A “simulated person” includes:
- AI-generated depictions of a real person
- Content that closely resembles a real individual
- Material that a reasonable person would believe is genuine
This closes loopholes where offenders previously argued the material was “not real.”
Consent: A Critical Issue
Consent is central to all offences.
A person only consents if they:
- Freely and voluntarily agree
Importantly:
- Consent once does not mean consent again
- Consent to one person does not extend to others
- Sharing your own image does not authorise further distribution
There is no consent where a person:
- Is under 16
- Is unconscious or asleep
- Is coerced, threatened, or detained
- Lacks capacity
Penalties for Deepfake and Intimate Image Offences
The offences carry significant criminal penalties:
- Up to 3 years imprisonment
- Fines up to 100 penalty units
- Or both
These penalties apply to:
- Recording
- Creating (including AI deepfakes)
- Altering
- Distributing
- Threatening
Police Investigations
Allegations are typically investigated by the NSW Police Force, often involving:
- Digital forensic analysis
- Device seizure (phones, computers)
- Online platform investigations
- Statements from complainants
Early legal advice is critical before speaking with police.
Possible Defences
At Criminal Lawyers Group, we carefully assess all available defences, including:
- Lack of intent
- Honest and reasonable mistake about consent
- The material does not meet the legal definition
- Lawful purpose (e.g. legal proceedings or law enforcement)
Each case turns on its specific facts, particularly around intent and consent.
Court Powers: Removal of Content
Courts now have the power to order offenders to:
- Remove or delete content
- Recover or retract material
- Take steps to prevent further distribution
Failure to comply with a court order can result in further imprisonment (up to 2 years).
Why This Matters
These reforms ensure that NSW criminal law keeps pace with rapidly evolving technology.
Deepfake sexual content is now clearly recognised as:
- A form of abuse
- A tool of harassment and coercion
- Conduct with serious legal consequences
How Criminal Lawyers Group Can Help
If you are under investigation or charged with an offence involving intimate images or deepfake material, it is critical to obtain advice early.
At Criminal Lawyers Group, our criminal lawyers:
- Advise you before speaking with police
- Analyse digital and forensic evidence
- Identify available defences
- Represent you in court
Final Note
The expansion of intimate image laws marks a major shift in how police and criminal lawyers deal with technology-based offences.
If you are facing allegations involving deepfake sexual material or non-consensual images, obtaining experienced legal representation can make a significant difference to the outcome.