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Marginal note: Publication, etc.

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Definition of intimate image. Marginal note: Question of fact and law, motives. Definition of intimate image 2 In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording, a in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity; b in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and c in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed.

Marginal note: Defence 3 No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good.

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Marginal note: Question of fact and law, motives 4 For the purposes of subsection 3a it is a question of law whether the conduct serves the public good and whether there is evidence that the conduct alleged goes beyond what serves the public good, but it is a question of fact whether the conduct does or does not extend beyond what serves the public good; and b the motives of an accused are irrelevant.

Criminal Code 1 - Short Title 2 - Interpretation 3.

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