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Under the NSW Crimes Act 1900, someone who intimidates or annoys another person in order to compel them to do something or to abstain from doing something can face a penalty of two years’ imprisonment or a fine of $5,500 or both.”

Victoria has responded to this issue by making the posting of such material on social media a crime punishable by a term of imprisonment of up to 2 years. Their Crimes Act was amended and the legislation came into effect in November last year. At this stage only Victoria has this specific legislation that covers 'sexting'.

Queensland has the more traditional offences to cover such situations. In Queensland if a person makes a demand with intent to gain a benefit or cause detriment can be liable to offence with a maximum sentence of 14 years.

Western Australia still has the more traditional offences to cover such situations. In WA a threat to cause a detriment of any kind to any person and or with the intent to gain a benefit is liable to a term of imprisonment of 7 years.

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