1. Sexting and the Law

2. 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
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3. Sexting and the Law 3
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4. 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
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5. 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
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6. 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
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7. 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
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8. 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
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9. 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
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10. 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
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11. 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
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12. 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
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13. 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
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14. 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
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15. 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
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16. 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
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17. 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
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18. 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
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19. 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
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