Sexting is the colloquial term used when sending sexual pictures via text message or uploading onto the internet.
It is an offence to access, transmit, publish, possess, control, supply or obtain child pornography under Commonwealth law, as well under Queensland State law.
When using a mobile phone, the Commonwealth law applies, and while it may be legal to engage in sexual relations under the age of 18, distribution of pictures is not legal.
Child pornography can include pictures or recordings of young people:
- showing their private parts;
- posing in a sexual or provocative way;
- engaging in a sexual act; or
- in the presence of someone engaging in a sexual act or sexual pose.
The law provides no allowance for the fact that the sender and receiver of a sexual or indecent image may both be underage, and both the sender and receiver may be in breach of the law.
The following examples would be a breach of the law:
- A 14 year old girl sending an indecent photograph to her boyfriend, a 14 year old boy, as well as two other 15 year old boys. This can be classified as the creation and distribution of child pornography.
- A 14 year old girl sending an indecent photograph to a 20 year old boy, can be an indecent act, and therefore a crime.
- A 20 year old boy sending a photograph of a 14 year old girl to a 19 year old boy can be distribution of child pornography, and a very serious crime.
- An 18 year old boy showing a photograph of himself to a 15 year old girl can be an indecent act, and therefore a crime.
The penalties may be as serious as a maximum of 15 years in jail, as well as the addition to the child sex offender register. Other avenues the police may take may be to charge the offender with a lesser offence, send the offender to youth justice conferencing, give a warning or caution, or let the parents or schools decide the punishment.
Make sure your children are aware of the consequences of something they may consider as quite minor. If they receive images that they’re unsure of, it’s best to delete them and most definitely do not forward them on to others.
