Sexting Offences
📚 SEXTING OFFENCES
🔍 Meaning of Sexting
“Sexting” refers to sending, receiving, or sharing sexually explicit messages, images, or videos, typically via mobile phones or social media platforms.
It often involves minors (under 18) sharing such material voluntarily, but the law treats it as creation, possession, or distribution of child sexual abuse material (CSAM) if the person depicted is under 18.
⚖️ Relevant Legal Provisions
UK Law
Sexual Offences Act 2003
Section 45–47: Offences related to child sexual exploitation.
Section 8, 9, 12: Causing or inciting a child to engage in sexual activity.
Section 62–69: Possession and distribution of indecent images of children.
Protection of Children Act 1978
Section 1: Prohibits taking, making, distributing, or possessing indecent photographs of children.
Criminal Justice Act 1988
Section 160: Possession of indecent photographs of children.
Indian Law (For Context)
Information Technology Act, 2000
Section 67, 67A, 67B: Publishing or transmitting obscene or sexually explicit material.
Protection of Children from Sexual Offences (POCSO) Act, 2012
Section 11–13: Child sexual harassment and use of a child for pornographic purposes.
⚖️ KEY PRINCIPLES
Consent is not a defence where minors are involved. Even if both parties willingly exchange images, it remains illegal.
Creation or forwarding of explicit content involving minors is treated as “making or distributing indecent images.”
Adults engaging in sexting with minors are guilty of grooming and child exploitation.
Storage or possession of such images also amounts to a criminal offence.
📚 DETAILED CASE LAWS (More Than Five)
1. R v Bowden [1999] 1 Cr App R 176
Facts:
Bowden, a computer technician, downloaded and stored indecent images of children on his office computer. He claimed he only viewed them and did not “make” them.
Held:
The Court ruled that downloading an image from the internet constitutes “making” an indecent photograph under the Protection of Children Act 1978.
Principle:
Even viewing or saving indecent images counts as “creation” of illegal content, thus punishable as a sexting-related offence.
2. R v Smith and Jayson [2003] EWCA Crim 283
Facts:
Two teenagers exchanged sexually explicit photos of themselves over mobile phones. They were prosecuted under the 1978 Act for “making” and “possessing” indecent images of children.
Held:
The court acknowledged their consent but held that the law applies regardless of intention or consent.
Creating or sending such images of minors still falls under the definition of child pornography.
Principle:
Sexting between minors is still legally considered child pornography, even if consensual.
3. R v Graham-Kerr [1988] Crim LR 677
Facts:
An adult man sent indecent photographs and messages to a 15-year-old girl via mail (pre-digital form of sexting).
Held:
Court held this as an act of indecent assault and child exploitation, highlighting that sexual communication with minors, even without physical contact, is a serious offence.
Principle:
Sexualized communication with a minor itself constitutes a form of sexual exploitation.
4. R v Fellows and Arnold [1997] 1 Cr App R 244
Facts:
Defendants ran a computer bulletin board system that distributed indecent images of minors. They claimed the law did not apply to digital copies.
Held:
The Court decided that digital images are equivalent to photographs for the purposes of the Protection of Children Act 1978.
Principle:
Digital transmission (e.g., sexting, emails, messages) is legally equivalent to physical distribution of indecent images.
5. R v Wootton [2010] EWCA Crim 1473
Facts:
A teenage boy sent sexually explicit photos of his underage girlfriend to his friends after a breakup.
Held:
The court found him guilty of distribution of indecent images of a child, despite his age and the voluntary nature of the original photo.
Principle:
Forwarding intimate images of minors without consent is an aggravated sexting offence, punishable even if the offender is also a minor.
6. R v Harrison [2011] EWCA Crim 1770
Facts:
An adult male persuaded a 14-year-old girl to send him sexual images through text and online chats.
Held:
The court found him guilty of causing a child to produce indecent photographs under Section 1 of the Protection of Children Act 1978.
Principle:
Encouraging or persuading a minor to create sexual images constitutes causing to make indecent images, equivalent to child pornography.
7. R v B [2013] EWCA Crim 3
Facts:
B, a 17-year-old boy, and his 15-year-old girlfriend shared sexual videos privately. When discovered, he was charged for possession of indecent images of a child.
Held:
Although consensual, the court affirmed that possession of such images is still unlawful. However, sentencing considered his age and intent.
Principle:
Even private, consensual sexting between under-18s can lead to criminal charges, though courts may apply discretion in sentencing.
8. R v Walker [2016] EWCA Crim 1228
Facts:
Walker, an adult, sent explicit text messages and asked for sexual pictures from a 13-year-old online.
Held:
He was convicted of sexual communication with a child, as per Section 15A of the Sexual Offences Act 2003 (added in 2015).
Principle:
Soliciting or encouraging sexting from minors is sexual communication with a child, a standalone criminal offence.
9. R v Saunders [2018] EWCA Crim 1891
Facts:
A man shared explicit images of his former partner online without her consent — known as “revenge porn.”
Held:
The court upheld his conviction under Section 33 of the Criminal Justice and Courts Act 2015, which prohibits sharing private sexual images without consent.
Principle:
Non-consensual sharing of sexual images, whether involving minors or adults, constitutes a distinct “image-based sexual abuse” offence.
⚖️ Comparative Indian Example
State of Tamil Nadu v. Suhas Katti (2004)
Facts:
The accused posted obscene messages and photographs of a woman on an online message board.
Held:
He was convicted under Sections 67 of the IT Act and 509 IPC (insulting the modesty of a woman).
Principle:
Transmitting or publishing sexual content electronically without consent constitutes an IT offence and harassment.
🧾 SENTENCING AND PENALTIES
| Offence | Typical Sentence |
|---|---|
| Possession of indecent images | Up to 5 years imprisonment |
| Distribution of indecent images | Up to 10 years imprisonment |
| Causing a child to produce images | Up to 14 years imprisonment |
| Sexual communication with a child | Up to 2 years imprisonment + sex offenders register |
| Revenge porn (non-consensual sharing) | Up to 2 years imprisonment |
📖 CONCLUSION
Sexting offences highlight the intersection of technology and sexual law.
Even though some sexting occurs between consenting teenagers, the law is uncompromising where minors are involved, since:
It’s treated as child pornography under statutory definitions.
Both creation and distribution of such content are punishable.
Adults soliciting such images commit serious sexual offences.
The courts emphasize deterrence, protection of minors, and responsible digital conduct.
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