Call our lawyers
now
or,
have our lawyers
call you
Sexting and the Law (NSW)
Updated on Dec 13, 2022 • 3 min read • 813 views • Copy Link
Sexting and the Law (NSW)
Sexting involves one person taking sexually explicit photographs and sharing them with another person via a digital device. Sexting between consenting adults is legal, however, until recently, sexting between people under the age of 18 years was illegal, even if both parties were consenting.
Why the changes?
The laws prohibiting sexting between juveniles created a number of issues for teenagers. The increased use of smart phones and the internet has led to the common sharing of intimate photographs in the course of teenagers’ sexual development. A study conducted at La Trobe University found that a quarter of teenagers engage in sexting during their teenage years. As a result, a number of young adults were being charged with, and convicted of, child pornography related offences.
This is because a sexually explicit photographs of a person under 18 is considered child abuse material or child pornography. Therefore, sexting offences were dealt with under the same laws that regulate possession and dissemination of child abuse material and child pornography. Maximum penalties that apply to people charged with these offences range from 10 to 15 years imprisonment.
Under the old laws, sexting behaviour that amounted to a criminal offence included:
- A 17-year-old boy asking his 17-year-old girlfriend for a nude photograph;
- A 15-year-old girl opening a Snapchat from a 16-year-old boy, knowing that the photograph was going to be a nude photograph;
- A 16-year-old boy sending his 16-year old girlfriend a ‘dick pic’.
Royal Commission recommendation
With sexting becoming more commonplace in modern society, the Royal Commission into Institutional Responses to Child Sexual Abuse identified the criminalisation of sexting as a shortcoming in current legislation surrounding sexual offending against children.
In accordance with the Royal Commission’s recommendations, the new sexting exception and defence was introduced in the Criminal Legislation Amendment (Child Sexual Abuse) Act 2018. This amendment has made it legal for kids to engage in ‘sexting’ and was introduced to “reflect current understanding about normal sexual development and experimentation amongst teenagers”.
Sexting exception and defence
The Sexting Exception, as outlined in Section 91AA of the Crimes Act 1900, states that it is not an offence to possess child abuse material where:
- The defendant is under the age of 18 years at the time of the possession; and
- A reasonable person would consider that the possession of the material acceptable having regard to matters such as the circumstances in which the material was created and the defendant’s relationship with the person depicted.
The Sexting Defence has also been introduced, which applies to situations where a person is charged with an offence relating to child abuse material and:
- The child abuse material depicts only the defendant;
- The material produced or disseminated only depicts the defendant; and
- The production/dissemination occurred when the defendant was under 18.
If the above elements are present, the person is not guilty of an offence.
If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Go To Court Lawyers.
Related Content
Moonee Ponds Criminal Lawyers | Criminal Litigation Lawyers
Blacktown Criminal Lawyers | Expert Criminal Solicitors
Defended Hearings (NSW)
Evidence of Admissions (NSW)
Your Rights Following Arrest in New South Wales
Suspended Sentence: Effective Deterrent or Soft Option? (NSW)
AVOs and Firearm Licences – Consequences and Responses
Escape Lawful Custody Offences (NSW)
Mullumbimby Criminal Lawyers | Expert Criminal Solicitors
The Children’s Court (NSW)
Firearms Offences (NSW)
Footscray Criminal Lawyers | Criminal Litigation Lawyers
Albury Criminal Lawyers | Criminal Defence Solicitors
Tweed Heads Criminal Lawyers | Expert Criminal Solicitors
Dismissal of Charges in New South Wales
Taylor McAnderson
Senior Federal Prosecutor
Taylor holds a Bachelor of Laws, a Bachelor of Social Science and a Graduate Diploma of Legal Practice. Taylor was admitted to practice in the Supreme Court of New South Wales. Taylor is extremely versatile in her approach to legal matters. Whether she is inside or outside the courtroom, she aims to be a strong advocate for her clients in order to achieve the best possible results. Taylor believes that thorough preparation and strong communication skills are crucial in achieving these results.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Perverting the Course of Justice (NSW)
Perverting the Course of Justice (NSW) The New South Wales Crimes Act 1900 contains a number of offences relating to interfering with the administration of justice. These offences cover acts like making false accusations, threatening or intimidating witnesses, tampering with evidence and perverting the course of justice. The legal system takes attempts ....
Posted in:
Offences
Sexual Assault in New South Wales
In New South Wales, there is a range of sexual offences contained in the Crimes Act 1900. These include sexual assault, sexual touching and assault with intent to have sexual intercourse. This page explains how sexual assault in New South Wales is defined, the penalties it attracts and the court ....
Posted in:
Offences
Under the NSW Crimes Act 1900, a woman can be found guilty of infanticide if she intentionally kills her baby because she has not fully recovered from giving birth to it. This offence is governed by Section 22A of the Crimes Act. A woman found guilty of infanticide will be sentenced ....
Posted in:
Offences
Use of Listening Devices in New South Wales
Use of Listening Devices in New South Wales The Surveillance Devices Act 2007 regulates the use of listening devices in New South Wales. The Act also covers the use of data surveillance, optical surveillance and tracking devices. Breaches of the Act can lead to criminal charges. What is a listening ....
Posted in:
Offences
Unlawful Wounding in New South Wales
In New South Wales, one of the criminal offences that relates to personal violence is unlawful wounding. This offence is contained in sections 33 and section 35 of the Crimes Act 1900. Similar offences exist in many other states and territories. This page deals with the unlawful wounding offences in ....
Posted in:
Offences
Context The offence of ‘consorting’ was until recently disused and widely considered to be archaic. It was reintroduced in New South Wales in 2012 in a bid to combat organized crime, in particular the growth of outlaw motorcycle clubs. Similar offences were reintroduced in other jurisdictions over the following years. ....
Posted in:
Offences
As cats and dogs are the most common household pets, this article examines the pet registration requirements for these two companion animals only. Any other pet, especially exotic animals, may be subject to different legislative requirements, and it is advised that any prospective owners make themselves aware of the specific ....
Posted in:
Offences
Property Damage (NSW) In New South Wales, there are a number of offences relating to destroying or damaging property contained in the Crimes Act 1900. The Summary Offences Act 1988 also contains offences relating to two specific types of property damage. These offences range from very minor matters that will ....
Posted in:
Offences
Sentencing Options for Sex Offenders (NSW)
Sentencing Options for Sex Offenders (NSW) During the early 2000s, community concerns about the long-term psychological effects of sexual offences and particularly child sexual abuse led to some significant changes in legislative schemes and the way sex offenders are sentenced. Since 2001 there have been at least nine amendments to ....
Posted in:
Offences
Sentencing
A person can only be tried for a criminal offence if they are fit for trial. In New South Wales, the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 governs how an accused person’s fitness for trial is assessed and how criminal matters are dealt with when fitness for trial is ....
Posted in:
Court Processes
Offences
Housebreaking Offences in New South Wales
Housebreaking Offences in New South Wales In New South Wales, there is a range of offences relating to housebreaking contained in the Crimes Act 1900. These offences are the equivalent of burglary offences in other states. This page deals with housebreaking offences in New South Wales. Legislation Offences involving housebreaking ....
Posted in:
Offences
Sexual Offences Against Adults (NSW)
The Crimes Act 1900 contains a range of sexual offences against adults. All sexual offences against adults carry terms of imprisonment. Unlike sexual offences against children, most sexual offences against adults are based on the non-existence of consent by the victim. The exception to this is the offence of incest, which is ....
Posted in:
Offences