Using your mobile phone or computer to send, take or download nude or sexual images (photos, videos and more) is a crime if the image includes a person under 18. The law says this is publishing, producing or possessing child pornography.
What are the laws? Under the Australian law it is illegal to use your phone or internet to take, keep, look at, send, or ask someone to send sexual images or videos of anyone who is under 18 years of age (or anyone who looks under the age of 18).
Sexting is a Federal Crime
Originally, these laws were instituted to help protect children from predators. But even when the photo or message in question is being sent to a friend, sexting still violates child pornography statutes. Convicted teens may even have to register as sex offenders.
Sexting involves one person taking sexually explicit photographs and sharing them with another person via a digital device. Sexting between consenting adults is legal, however, until recently, sexting between people under the age of 18 years was illegal, even if both parties were consenting.
It is against the law to send, receive or look at a 'sext' when any of the people involved are under the age of 18. Young people under the age of 18 are considered a child/young person – and it is illegal to look at naked, indecent or inappropriate photos or videos of a child or young person.
Some risks of sexting include: Permanency: you can't “unsend” a sext. Blackmail: sexual messages could be used to manipulate you in the future. Emotional health: if someone shares your message without your consent, it could affect your mental and emotional well-being.
Image-based abuse is illegal in Queensland. Image-based abuse includes: taking a nude or sexual image of someone without their permission. sharing or posting a nude or sexual image of someone online without their permission.
Participants were asked if they had ever engaged in such behaviors. The researchers found that 88 percent of participants reported ever having sexted and 82 percent reported they had sexted in the past year.
Anyone who sends or possesses explicit photos of minors risks criminal charges of child pornography and could potentially be required to register as a sex offender, even if those pictures were sent and received consensually.
According to a 2021 Common Sense Media survey, an estimated 88% of 13- to 18-year-olds and 43% of 8- to 12-year-olds have smartphones. It's not too surprising then that sexting is more common among kids and teens these days. A 2021 study on sexting among youth found these statistics: 19.3% had sent a sext.
Not only does sexting start early, the study found that it is also fairly common. As early as 8 years old, more than one in 10 kids with smartphones will become exposed to sexting, the study found. By 13, more than a third of children who have a smartphone will be exposed.
Major social media platforms, including Twitter, Instagram, Facebook and TikTok, require users to be at least 13. This includes those in Australia and New Zealand. This minimum age requirement stems from 1998 US legislation which banned the collection of children's personal data without parental consent.
Sexting can happen through sexually explicit text messages, provocative audio clips, suggestive selfies, or videos. No matter what form sexting takes, it should always be a consensual practice between two or more parties.
There could be legal consequences. Taking, sending, or forwarding nude pictures of anyone under 18 – even yourself – could get you slapped with child pornography charges and you could be put on a sex offender registry for life. You could get in trouble at school.
Cybersex offers a distraction to cope with negative thoughts or problems in one's life. Unpleasant feelings such as stress, depression, loneliness, fear, and anxiety can trigger sexting. Sexting can then provide a temporary escape into pleasurable feelings.
Sexting between two consenting adults is not prohibited by law. However, sending or receiving sexually explicit content to a person under 18 years is unlawful and in some instances considered child pornography or sexual exploitation and attracts criminal charges.
Sexting can certainly be considered a form of cheating, as it typically betrays the trust and intimacy within a committed relationship.
Is Sexting Illegal in Washington? Sexting between consenting adults (18 and older) is legal, as long as the images are of adults. However, Washington punishes sexting images of minors (those younger than 18) under its laws prohibiting the sexual exploitation of children.
As they click “send”, most young people aren't considering the future, but sexting can easily come back to affect future career choices or lead to dangerous sexual exploitation. It can even lead to “Sextortion” (using sexual content to blackmail someone).
The act of sexting can be consensual and is not itself a sign of abuse. However, an abuser could use photographs, videos, or messages shared through sexting to maintain power and control over you. For example, the abuser may later threaten to share these images or may actually share them with others.
Illegal and restricted online content includes material that shows or encourages child sexual abuse, terrorism or other extreme violence. eSafety can direct an online service or platform to remove illegal content or ensure that restricted content can only be accessed by people who are 18 or older.
If the sex is consensual (and it must be enthusiastic consent) and the other party is also aged 16 years or over it is not against the law, although there are some exceptions: If the person is very drunk or under the influence of drugs, they may not have the capacity to consent so having sex with them is an offence.
What is the legal age of consent in Australian jurisdictions? The legal age for consensual sex varies between 16 and 17 years across Australian state and territory jurisdictions (see Table 2).