Sexting and the Law

Lesson Objectives By the end of the session you will … Sexting and the Law Lesson Objectives By the end of the session you will … understand what the term sexting means; explore what the law says in relation to sexting; explore the potential consequences of sexting and where to go if you need help. 2 © Young Citizens

Sexting and the Law 3 © Young Citizens

What is sexting? 4 Sexting and the Law Sexting is when someone shares sexual, naked or semi-naked images or videos of themselves or others. They can be sent using mobiles, tablets, smartphones, laptops - any device that allows you to share media and messages. 4 © Young Citizens

TRUE True or False? 5 Sexting and the Law If you are under 18 it is illegal to send a naked image of yourself via social media or text message. TRUE 5 © Young Citizens

FALSE True or False? 6 Sexting and the Law You can share such images regardless of your age if they are of yourself. FALSE 6 © Young Citizens

TRUE True or False? 7 Sexting and the Law You could be prosecuted if you send an image of yourself involved in a sexual act if you are under 18. TRUE 7 © Young Citizens

TRUE True or False? 8 Sexting and the Law If you send someone a naked picture that they don’t want to receive you may have committed a crime. TRUE 8 © Young Citizens

TRUE True or False? 9 Sexting and the Law If you receive a naked picture of someone under the age of 18 and keep it on your phone you are breaking the law. TRUE 9 © Young Citizens

FALSE True or False? 10 Sexting and the Law Schools are required by law to report all incidents of sexting to the police. FALSE 10 © Young Citizens

Sexting and the Law SEXTING & THE LAW Protection of Children Act 1978 / Criminal Justice Act 1988 “It is an offence to: take, or permit to be taken, any indecent photos of a child; distribute or show such indecent images; have possession of these indecent photographs.” Sexual Offences Act 2003 Lists all sexual offences and offers comprehensive definitions of each. In the case of images of a sexual nature being shared the police must find out if any crime has been committed and act accordingly. This Act also updated the definition of a child from anyone under 16 to anyone under 18 Criminal Justice and Courts Act 2015 “It is an offence to disclose private sexual photographs or films without consent and with the intention of causing distress to the individual.” 11 © Young Citizens

In Summary It is illegal to: The Consequences 12 Sexting and the Law Send a naked image of someone who is under 18 (even if it is of yourself.) Keep a sexually explicit picture of a person under the age of 18. Send someone a sexually explicit or naked picture with the intention of causing the recipient harm, distress or anxiety. Share private, sexual photographs or films of anyone (including those over 18) without their consent.   The Consequences The penalty for taking, possessing or sharing an indecent image of a child (anyone under the age of 18) is up to 10 years imprisonment. Offenders could also be placed on the Sex Offenders Register. The penalty for sharing private sexual images or films of anyone without their consent is up to 2 years imprisonment. 12 © Young Citizens

Q: What might the implications of being convicted of one of Sexting and the Law Q: What might the implications of being convicted of one of these crimes be?   Q: Do you think these laws are fair? Why/Why not? 13 © Young Citizens

Police Guidelines - 2016 Outcome 21 14 Sexting and the Law If a young person is found creating or sharing images, the police can choose to record that a crime has been committed but that taking formal action isn't in the public interest.   This will only be an appropriate course of action if the creating and sharing of imagery is deemed to be non abusive and there is no evidence of: Exploitation Grooming Profit motivation Malicious intent (e.g. extensive sharing of the image) Persistent behaviour 14 © Young Citizens

Q: Has a crime been committed Sexting and the Law Activity 3 – Section A Q: Has a crime been committed   Q: Under current police guidelines do you think the pair would be prosecuted? 15 © Young Citizens

Q: How would you feel if you were Margarite? Sexting and the Law Activity 3 – Section B Q: How would you feel if you were Margarite?   Q: What crime, if any, has been committed? Q: Does this new information change how you think the police should deal with the case. 16 © Young Citizens

Q: Does this outcome seem fair to you? Sexting and the Law Activity 3 – Section C Q: Does this outcome seem fair to you?   17 © Young Citizens

Activity 4: What would you do? Sexting and the Law Activity 4: What would you do? Q: Would Dee and her boyfriend be doing anything illegal if she sent him the picture? Q: What are the possible outcomes of her actions? Q: What would you advise Dee to do and why? 18 © Young Citizens

Q: What do you think the law says about sexting? Sexting and the Law Plenary Q: What do you think the law says about sexting? Q: What three new things have you learnt today? Q: What have you found most surprising about what you have learnt? 19 © Young Citizens