1. ●
SmartLaw
Sexting and the Law

2. Lesson Objectives Cyberbullying & Sexting
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.
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3. Cyberbullying & Sexting
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4. What is sexting? Cyberbullying & Sexting
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.
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5. TRUE If you are under 18 it is illegal to send a naked image
Cyberbullying & Sexting
If you are under 18 it is illegal to send a naked image
of yourself via social media or text message.
TRUE
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6. Cyberbullying & Sexting
You can share such images regardless of your age if they are of yourself.
FALSE
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7. Cyberbullying & Sexting
You could be prosecuted if you send an image of yourself involved in a sexual act if you are under 18.
TRUE
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8. Cyberbullying & Sexting
If you send someone a naked picture that they don’t want to receive you may have committed a crime.
TRUE
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9. Cyberbullying & Sexting
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
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10. Cyberbullying & Sexting
Schools are required by law to report all incidents of sexting to the police
FALSE
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11. Protection of Children Act 1978 / Criminal Justice Act 1988
Cyberbullying & Sexting
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.”
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12. In Summary Cyberbullying & Sexting It is illegal to: The Consequences
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.
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13. Police Guidelines, 2016 Outcome 21 Cyberbullying & Sexting
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
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14. Cyberbullying & Sexting
Would Dee and her boyfriend be doing anything illegal if she sent him the picture?
What are the possible outcomes of her actions?
What would you advise Dee to do and why?
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