Things You Need To Know About Sexting

 Since cell phones first saw widespread adoption in the 1990s, they've become not just ever present, but have developed vastly expanded capabilities, such as the ability to take and instantly share photos. This ability has lead to the phenomena of “sexting,” where people send suggestive or nude pictures to others using their cell phones. Some states have adopted laws that prescribe penalties aimed specifically at teenagers or adolescents who send such photos. These laws make the penalties for teen sexting less severe than if an adult would send similar photos to an under-age person.


Sexting is when someone sends a photo or video of themselves or someone else naked or posing in a sexual way using a computer, mobile phone or other mobile advice. To get specific details regarding when is sexting illegal, keep reading.





Sexting is illegal if you are under 18 and can be illegal if you are 18 or older. If you are under the age of 18 years, as the sender or recipient, matters are complicated. It is illegal to take or send sexual photos or videos of anyone who is, or is shown to be, under 18 years of age. This is child pornography.




It is also illegal to:


possess child pornography. This means having or saving images or videos on any device or cloud storage.


distribute child pornography. This includes sharing or selling to others, such as forwarding through text, email or an app, or posting on the Internet.


access child pornography. This includes visiting websites with child pornography or causing someone to send you child pornography.



For example, if you are 16 and you send a naked photo of yourself to your boyfriend, you have created and distributed child pornography. If your boyfriend saves the photo to his phone, he possesses child pornography. If he also shares the photo with his friends, he has distributed child pornography.




Penalties



Prison sentences for making or distributing child pornography are up to 14 years while those for possessing or accessing are up to 10 years. Youth under the age of 18 years old who are charged with a criminal offence are sentenced under the Youth Criminal Justice Act.




There is a private use exception defense available to individuals charged with child pornography. The accused must prove that the sexual activity recorded was lawful, the person being recorded consented to being recorded, and the recording was intended for private use only by the creator or the person depicted in the recording. Note though that this exception does not appear to apply to images of one person sent to another, since the recipient is neither the creator nor the person depicted.





If you are 18 years or older, it is not illegal for you to willingly send a photo, message or video of yourself to someone else. Matters get complicated and illegal)where:



you are not willingly sending the photo, message or video of yourself;

you do not consent to a photo, message or video of yourself being made or shared; or


you are sharing or publishing a photo, message or video that involves someone else without that person’s consent.




Effective 2015, the federal government added an offense to the Criminal Code. It is illegal for anyone to publish, distribute, transmit, sell, make available or advertise an intimate image of a person knowing that person did not give their consent. This is sometimes called revenge porn. The penalty? A prison term of up to 5 years.

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