Kara Sears
Sexting, the sharing of sexual images via mobile phones or other electronic devices, is a criminal offence in the UK if it involves a minor. The Protection of Children Act 1978 makes it illegal to take, make, show, distribute or possess indecent photographs of anyone under the age of 18. This includes AI-generated images and applies even if the images were taken and shared by the minor themselves. While consensual sexting between adults is not a sexual offence, the non-consensual sharing of private sexual images is illegal and can lead to other offences such as harassment or blackmail.
| Characteristics | Values |
|---|---|
| Sexting between consenting adults | Legal |
| Sexting between children and young people | Illegal |
| Sexting between an adult and a child | Illegal |
| Sexting involving someone under 18 | Illegal |
| Sharing images without consent | Illegal |
| Revenge porn | Illegal |
| Sexting involving explicit images of a child | Illegal |
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What You'll Learn
Sexting between adults and minors
The Criminal Justice Act 1988 also makes it illegal for anyone to possess indecent photographs or pseudo-photographs of children. This means that anyone found with images of a minor from sexting is breaking the law, even if they do not share the images. The Serious Crime Act 2015 further criminalises sexual communication with a child, defined as anyone under the age of 16.
The risks of sexting are greater when one or more of the individuals involved are minors. The impact of the images being shared can be more distressing and have more severe consequences for young people. Minors may also experience peer pressure to engage in sexting, and their confidentiality must be respected by professionals. However, if there are concerns about a minor's safety, confidentiality can be breached as a proportionate response to their circumstances.
In the UK, there is legislation in place to protect minors from becoming victims of sexting. This includes educating young people, parents, and teachers about the risks of online abuse and sexual offences committed via social media. It is important for minors to understand the importance of talking to a trusted adult about their concerns, especially if they find themselves in difficult situations. Additionally, parents can monitor their child's online presence and set clear rules about the appropriate use of electronic devices.
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Child protection laws
Sexting is a real issue in the age of social media, with a phone with a camera in almost everyone's pocket. What can initially seem like a simple thing between two people can quickly evolve into something a lot more widespread, and before you know it, the situation is out of control. There can be legal implications of sexting, especially when children are involved, as well as the risk of images getting into the wrong hands.
The Criminal Justice Act 1988 also makes it illegal “for a person to have any indecent photograph (or pseudo-photograph) of a child (...) in his possession”. Anyone found with images of an under-eighteen-year-old in their possession from sexting is in breach of this law. It is also illegal for anyone under the age of eighteen to engage in sexting. No matter the context, sending explicit images of someone under eighteen is against the law, even if the images were taken and shared by the under-eighteen-year-old themselves.
If you think a child has been or is at risk of harm, but they are not in immediate danger, you should share your concerns by talking to your nominated child protection lead. You could also contact the NSPCC Helpline or your local child protection services.
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Revenge porn
In the UK, "revenge porn" is considered illegal and falls under the umbrella term of "sexual communication" as per the Serious Crime Act 2015. It involves sharing someone's sexually explicit images or videos without their consent, with the purpose of causing embarrassment or distress. The offence applies both online and offline and includes sharing via text, email, or physical or electronic image showing. Those found guilty can be sentenced to up to 2 years in prison and fined.
The risks of sexting are greater when one or more individuals involved are under eighteen. It is illegal to create or share explicit images of a child, regardless of the age of the person taking or sending the photo. Engaging in sexting as a minor or with a minor is illegal and can lead to prosecution.
The Protection of Children Act 1978 and the Criminal Justice Act 1988 make it illegal to possess, create, distribute, or show indecent or explicit images of anyone under eighteen. This legislation protects children from becoming victims of sexting and the potential consequences of images being shared.
The impact of revenge porn can be distressing, especially for young people, and it is important to monitor children's online presence and educate them about the risks and consequences of sexting.
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Sexting and consent
Sexting is a portmanteau of 'sex' and 'texting' and refers to the act of sending sexually explicit messages, images, or videos. While sexting between consenting adults is not a sexual offence in the UK, there are laws in place to protect minors from sexting.
Consent and Minors
Sexting between adults and minors is illegal in the UK. The Protection of Children Act 1978 makes it illegal to take, make, show, distribute, or possess "indecent photographs" of anyone under the age of 18, even if the images were taken and shared by the minor themselves. The Criminal Justice Act 1988 also makes it illegal to possess indecent photographs or pseudo-photographs of a child.
The Serious Crime Act 2015 defines sexting as "sexual communication" sent with the intent of obtaining sexual gratification or encouraging a sexual response. This act also criminalises the non-consensual sharing of private sexual images or videos with the intent to cause distress, commonly known as "revenge porn".
Peer Pressure and Coercion
Peer pressure and coercion play a significant role in sexting among minors. Surveys have found that many young people feel pressured by friends or romantic partners to share inappropriate images as a way to prove their affection. This pressure can lead to coercion, with some individuals being manipulated into sending explicit content against their better judgment.
Parental Guidance
Parents play a crucial role in helping their children navigate the risks of sexting. It is important for parents to monitor their children's online presence and educate them about the potential dangers of sharing explicit images. Parents should encourage open communication, set clear rules for electronic device usage, and emphasise the importance of consent and privacy.
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Sexting and harassment
Sexting is the act of sending or receiving nude or sexually explicit images, videos, or messages through an electronic device such as a phone or computer. While sexting is often consensual between two parties in a couple, it can easily cross over into criminal activity in certain circumstances.
In the UK, the age of consent for sexual intercourse is 16. However, it is illegal for anyone under the age of 18 to engage in sexting. It is also illegal to make, distribute, possess, or show any indecent images of anyone under 18, even if the content was created with the consent of that person. These laws are in place to protect children and young people from the potential risks and consequences of sexting. The risks are greater when one or more of the people involved are under 18, as the impact of images being shared can be more distressing and have greater consequences for young people.
Sexting can be considered harassment when it is non-consensual. For example, sending sexually explicit images or videos without the recipient's consent can be classified as lewd behaviour or sexual harassment. Additionally, an abuser may use sexting to maintain power and control over their victim, threatening to share images or messages or actually sharing them without consent. This can be considered "revenge porn" and has been illegal in the UK since 2015.
To prevent sexting and harassment in the workplace, employers should implement a clear electronic communications policy and train employees on the appropriate use of electronic media, including social networking sites. Employees should be made aware that sexting is a form of sexual harassment and can have legal consequences.
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Frequently asked questions
Sexting between consenting adults is not a sexual offence in the UK. However, if the sexting is unwanted, there may be other offences to consider, such as harassment or blackmail.
It is illegal for anyone under the age of 18 to engage in sexting in the UK, even if both parties are under 18.
All child self-generated indecent imagery reports are recorded as crimes, but this does not mean the person will get a criminal record. Police are unlikely to take formal criminal justice action against a minor involved in sexting unless it is in the public interest.
Sexting between an adult and a minor is extremely serious and the adult will be deemed as breaking the law.
Sexting is the sending or posting of naked or semi-naked images, videos, or live streams. It can also include sexual messages.
