SEXTING

Using the internet or your mobile to take, send or

even receive a sexy text or a sexy pic of yourself is
known as sexting. In this fact sheet, were talking
about how sexting can get young people into trouble
with the law.
If youre concerned about a nude or
sexy picture of yourself that might be on
someones phone, computer or online, or
if youre worried that you have a picture
like that on your phone, computer or
online, you can send a Lawmail to get
free confdential legal advice from www.
lawstuf.org.au or call the Youth Hotline
on1800 10 18 10.
What is sexting?
- Taking naked or partly naked photos or
videos of yourself (posing in a sexual way)
and sharing the photos or videos with
others online or through your mobile
phones; and
- Receiving, forwarding or posting these
photos or videos online or through
mobilephones.
Is sexting a crime?
Sexting can be a crime, depending
on the age of the people sexting and
whether the pictures would be considered
ofensive or indecent by a court.
It is a crime if you make, send out, or have
an ofensive picture of someone under
the age of 18 (including yourself) who is:
- showing their private parts, which
includes a persons genital area, anal area
or female breasts;
- posing or acting in a sexual way;
- in the presence of another person
involved in a sexual activity or pose; or
- involved in a sexual activity.
For example:
- A 16 year old boy who takes a photo of his
private parts and sends it to someone on
his mobile phone is committing a crime. It
does not matter whether you can see his
face or any other identifying feature.
- A 15 year old girl who takes a video of
herself doing a sexy dance in her bra and
underwear and posts it online may be
committing a crime. It does not matter
whether you can see her private parts.
- A 14 year old boy who takes and posts
a video of himself at a party watching a
girl do a striptease may be committing
a crime. It does not matter how old
thegirlis.
- A 17 year old boy and girl who take photos
of themselves having oral sex and email
the photos to themselves are committing
a crime. It does not matter that they are
old enough to have sex.
The law calls these images child abuse
material, or more commonly, child
pornography. Child abuse material can
include flms, photos, digital images and
videos sent by SMS, email, in chat rooms
or published on blogs. It can even include
pictures that have been photo-shopped
to make a young person look naked,
or cartoons of young people having
sex! The maximum penalty for making,
sending or having child abuse material is
15 years in gaol!
New South Wales child pornography
laws only apply to images of young
people under the age of 16, but the
Commonwealth laws are broader. These
laws even apply to images of young
people who look like they are under the
age of 18.
Anyone who sends, receives or even asks
for a naked or sexual image of a person
who is or appears to be under the age of
18 is at risk of committing a crime and of
being charged.
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sporting team or becoming a surf lifesaver.
What should I do
if I have a picture
or text I am unsure
about?
It is important to protect yourself by
deleting any pictures you are unsure or
uncomfortable about straightaway. It
is really difcult to keep images private
and once they are shared, you will never
be able to delete those pictures forever.
Never share it online or through SMS, and
only show it to a trusted adult.
If you are questioned or arrested by the
police in relation to sexting, you should
give your correct name, age and address,
but you have the right to remain silent
for any other questions. Try to remain
calm, and politely ask to get legal advice
by calling the Youth Hotline on 1800
10 18 10 before you give them any
otherinformation.
Useful links and
contacts
Lawmail is a FREE legal advice and
information service. If you have a question
or need legal advice you can send a
Lawmail at http://www.lawstuf.org.au/
nsw_law/lawmail.
Call the Youth Hotline on 1800 10 1810.
The Youth Hotline gives legal advice
and information to young people under
18. You can call the Hotline from 9am
to midnight on weekdays, with a 24-
hour service from Friday 9am to Sunday
midnight and also on public holidays.
If you want to talk to someone, you can
call the Kids Helpline on 1800 55 1800 or
visit their website at http://www.kidshelp.
com.au.
This information was last reviewed on
10 April 2012. This factsheet provides
information about the law in NSW.
It does not provide legal advice. If
you need advice, or if you would like
information about the law in a state or
territory other than NSW, please send us
a Lawmail at http://www.lawstuf.org.au.
3. inciting a child to an act of indecency
(penalty includes up to 2 years gaol).
It is a crime to use the internet or a mobile
phone to ask anyone who is or appears
to be under the age of 18 to send you
a sexual image. This is called soliciting
child pornography material and carries
a maximum penalty of up to 15 years in
gaol.
You could also be charged with
committing an act of indecency towards
a child or transmitting an indecent
communication to a child.
Example
Ted is 15 and his 15 year old girlfriend
sent him a text with a photo of herself in
her bra and underwear. Her dad found
the picture on her phone as well as other
photos she sent Ted of herself posing in a
sexual way. Her dad is now saying he will
report Ted to the police. Ted is worried
about what might happen, even though
the photos were only for him and no one
else saw them.
Ted has committed a crime because
it is against the law to have a photo of
someone under the age of 16 posing in a
sexual way. The law says these photos are
child pornography. Having these photos
on his phone is a crime. Teds girlfriend has
also committed a crime by taking photos
of herself, keeping them and sending
them to other people.
Can I be forced
to register as a
sex offender for a
sexting crime?
The Australian National Child Ofender
Register (ANCOR) is an online registration
system designed to help the police
manage and share information about
people charged with sex crimes in relation
to children. If you are found guilty of a
sexting crime, you may be placed on
the register. Some of the restrictions for
people on the register include telling the
police every time you move houses or
change jobs. If registered, you will not be
able work or volunteer in a job where you
are likely to have contact with children and
young people such as coaching a junior
What if the young
person gives their
permission to take
the photo?
The law says that while you are under 18,
you arent allowed to consent (say yes)
to sexting even though you are able
to legally start having sex at 16 years of
age. The reason the laws on sexting are
so confusing is that they were made to
protect children from adult ofenders,
and didnt consider that teenagers might
record their own sexual activity. As a result,
even if the young person in the image says
its okay to be flmed or photographed, its
still a crime.
If there is no
permission, its
never okayno
matter how old they
are!
It is a crime to take a sexual, nude or
partly nude picture or video of anyone
regardless of their agewithout their
permission. However, it is a more serious
crime if the person is under the age of 16.
The maximum penalty for this is prison for
up to 5 years. In the case of sexting, this 5
years is on top of the ten years maximum
discussed above!
If you ask someone
else to send you a
sexual photo/video
Asking a person of any age to send you a
sexual image in a harassing or ofensive
way is a crime. It does not matter how old
you and the other person are.
Asking a person under the age of 16 to
send you a sexual photo or video is a
crime. You could be charged with:
1. soliciting child pornography (penalty
includes up to 15 years gaol);
2. causing a child to be used for child
pornography (penalty includes up to 14
years gaol); or