Abusive Behaviour and Sexual Harm (Scotland) Act 2016

3Interpretation of section 2

This section has no associated Explanatory Notes

(1)For the purposes of section 2, a person is in an “intimate situation” if—

(a)the person is engaging or participating in, or present during, an act which—

(i)a reasonable person would consider to be a sexual act, and

(ii)is not of a kind ordinarily done in public, or

(b)the person’s genitals, buttocks or breasts are exposed or covered only with underwear.

(2)In section 2—

  • “film” means a moving image in any form, whether or not the image has been altered in any way, that was originally captured by making a recording, on any medium, from which a moving image may be produced, and includes a copy of the image,

  • “photograph” means a still image in any form, whether or not the image has been altered in any way, that was originally captured by photography, and includes a copy of the image.