Digital imaging has come a long way, and now we can take photos of anything we like wherever we like on our mobile phones. This has brought up a whole host of problems in terms of who is taking the photo, who is in the photo, and what they’re wearing.
If you or your child is involved in a sexting legal problem, contact Vanessa Ash for a free chat about your circumstances to see if we can help you.
Sexting selfies
Sexting is sending nude, sexual or ‘indecent’ photos from a computer, mobile phone or other mobile device. Sexting becomes a crime in Victoria when this person (even if it’s you!) is under 18. No intimate images of anyone under 18 is allowed to be transmitted to another person using any of these methods, even if they agree. This could result in child pornography charges.
It is also illegal to sext anyone over the age of 18 (an adult) unless they agree to the sending of the image.
This legislation was put into place on 2 November 2014.
Penalties
The maximum penalty for this offence is two years’ prison.
Threatening to sext
If you threaten to send an intimate image of someone else to others, you can be charged with an offence if the person believes you will carry out the threat.
The maximum penalty for this threat is one year in prison.
Child pornography laws in Victoria
If you have a film, photo, publication or computer game showing a person under 18 – or appearing to be under 18 – involved in sexual activity or posing in an indecent sexual manner, you can be charged with possessing child pornography. This is considered a very serious offence.
You can be charged with producing child pornography if you print a publication, make a film, take a photo or create a computer game that shows a person under 18 (or who appears to be under 18) involved in sexual activity or posing in an indecent sexual manner.
Where exceptions apply
Importantly, you cannot be prosecuted for child pornography offences if you take, store or send indecent images of yourself. This is an important step forward, as illustrated by some high-profile American cases whereby teenagers are now on the sex offenders registry for the rest of their lives for sending a sexual image of themselves to their teenage boyfriend/girlfriend. This is not how the law was intended to be served, so adjustments in Australia have been made.
It is not considered child pornography if you are under 18 years of age and no person in the photo is more than two years younger than you, and the photo does not show an act that is a serious criminal offence. The maximum penalty for possession of child pornography is five years in prison, and the maximum for producing child pornography is 10 years in prison. Even people under 18 at the time of the offence can be put on the sex offenders registry for life.
Sex offences are very serious and you need solid legal backup. Contact Vanessa Ash.
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