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The Law of Sexting

Sexting is the act of sending sexually explicit messages or photos electronically, primarily between cell phones. It shows poor judgment when using digital technology by sending an image, video or text message of an explicit adult or risque nature to another individual.

There is nothing inherently dangerous about two consenting adults send sexually-suggestive photos or messages; the real danger comes when these images are taken by minors and then leave the hands of their intended recipient and spread quickly among peer groups. The use of cell phones and the internet has made it possible for the private images to spread almost instantly and make it almost impossible to track and delete them.

Typically, sexting takes place in private and is therefore difficult to prevent, but the spread of sexts and the bullying that ensues occurs within schools and other organizations. The largest ramification from having a sext exposed, aside from the embarrassment, is the bullying and cyber-bullying that ensues.

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When Is Sexting Illegal


It's important to note that even though sexting laws apply to teenagers, this doesn't mean that people over the age of 16 or 18 who send sex messages are free from committing a crime. For example, a 19-year old who sends or receives and keeps an explicit image of an person under the age of 18 may be charged with child pornography or similar crimes. Sexting laws are designed to target teens who send explicit images to other teens, making the crime less significant than a child pornography charge, which would otherwise apply if the people involved were adults.

As a parent during the digital age, it can be difficult to enforce boundaries and stay on top of everything your kids are doing, but if you're footing the bill, it is well within your right to ask your children what they are doing and play your part to help protect them.

If the image is shared around peer groups it may lead to bullying and isolation. Perpetrators of abuse may circulate a nude image more widely and use this to blackmail a child and/or groom them for further sexual abuse.

It's a criminal offence to create or share explicit images of a child, even if the person doing it is a child. If sexting is reported to the police, they will make a record but may decide not take any formal action against a young person.

It’s important that anyone working or volunteering with children and young people understands the dynamics of sexting. You should know what to do if you ever need to help a young person who has received or sent an explicit image, video or message; or had an image shared without their consent.