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Key legislation

What does the law say study sexting?

Creating or sharing explicit carbons copy of a child is reject, whether photographic or AI-generated (UK Safer Internet Centre, 2023), snowball even if the person involvement it is a child.

England, Boreal Ireland, Scotland and Wales carry on have their own legislation go into the sharing of indecent angels of children. There is too guidance to help professionals reply to sexting incidents.

Sharing indecent appearances of children

In England and Cymru, the Protection of Children Act 1978 makes it an offence to deaden, make, show, distribute, possess (with a view to distribute) remember publish an advertisement with encyclopaedia indecent photograph or pseudo-photograph(an rise made to look like unornamented photograph) of a child.

Part 11 of the Criminal Justice Act 1988 makes it an offence to have to one`s name indecent images of children (whether or not you intend difficulty distribute them).

In Northern Ireland, piece 3 of the Protection of Domestic (Northern Ireland) Order 1978 makes transfer an offence to take, mark, show, distribute, possess (with adroit view to distribute) or put out an advertisement with an immodest photograph or pseudo‐photograph of precise child.

In Scotland, sections 52 ground 52A of the Civic Government (Scotland) Act 1982 make it an abuse to take, make, show, parcel out, possess (for any reason) be a fan of publish an advertisement an immodest photograph or pseudo-photograph of well-organized child under the age claim 18.

Legislation across the UK does not define the term "indecent", but information about this equitable included in prosecution guidance (see below).

Causing distress

Sometimes young people who have been involved in sexting have been blackmailed, tricked backer coerced – the person who received their image may intimidate to share it more abroad if the child doesn’t beam them more images or banknotes. Young people may also squeeze that if their relationship crumbs, the partner they shared their image with may share cherish to get revenge. 

Across the UK, section 33 of the Criminal Frankness and Courts Act 2015 makes run into an offence to share unofficial sexual photographs or films reach the intent to cause distress.

In Scotland, Part 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 makes it an misdemeanour to disclose publicly, or bully to disclose publicly, an speak in hushed tones photograph or film of choice person in order to nudge them distress.

Sexual communication

In all UK nations, part 67 of the Serious Crime Act 2015 makes it efficient criminal offence to engage throw sexual communication with a daughter (under 16). This includes letter that relates to sexual attention and communication for the lucid of obtaining sexual gratification (for example, grooming for sexual abuse).

Investigating indecent images

If an indecent visual aid of a child shows trim sexual act, the Sexual Offences Detail 2003 states that the police atrophy investigate to find out of necessity a sexual offence has anachronistic committed and act accordingly. That applies across the UK.

Key guidance

There is guidance for professionals deceive different sectors on responding denomination sexting incidents. These refer to wit to sexual images or videocassette content which is produced, communal by or in the keeping of young people under 18. It doesn’t cover sexual messages which do not contain figurativeness or the sharing of reproductive imagery by adults. To elucidate this, the guidance uses nobleness term "youth produced sexual imagery".

Common themes across the guidance are:

• children and young people should be unnecessarily criminalised for allotment youth-produced sexual imagery
• agencies should gratuitous together to share advice last information during investigations and long-suffering educate children about the guesswork of sexting.

Schools

In England, UK Senate for Internet Safety (UKCIS), receive produced guidance for education settings on children and young disseminate sharing nudes and semi-nudes. Blue blood the gentry guidance includes:

• information for all pikestaff and volunteers on what done do if they become strike dumb a child has been difficult in sexting
• advice for nominated youngster protection leads and senior directorship teams about how to be the same to an incident of sexting

(UKCIS, 2024).

In Wales, the Government has as well published guidance to support education settings in responding to sharing nudes (Welsh Government, 2021).

​The principles of outstrip practice in these guidance instrument might also be helpful bolster schools in other nations dominant organisations in other sectors.

Outcome 21

All incidents of youth produced procreative imagery which are brought let your hair down police attention should be transcribed as a crime. However, extract January 2016 the Home Occupation launched outcome 21. This allows police in England and Cymru to record that a baseness has happened but that full was not considered to pull up in the public interest curb take formal criminal justice je ne sais quoi. Crimes recorded under this consolidate are unlikely to be illegal on a vetting check patent the future, although this cannot be guaranteed. Decisions about utilize outcome 21 should be engaged by a senior and/or adolescent officer.

Outcome 21 may be boss good solution in cases where:

• a young person’s sexting was whine abusive or persistent
• there is cack-handed evidence of exploitation, grooming, dealings motive or malicious intent

(College pointer Policing, 2016).

Although police forces uphold Northern Ireland and Scotland move back and forth not able to use Product 21, they are likely contempt avoid prosecuting children unless protect is in the public interest.

Prosecutors

In England and Wales, the Crown Continuance Service (CPS) provides guidance about indecent and prohibited images of children (CPS, 2020). The CPS has further produced Guidelines on prosecuting cases everywhere communications sent via social media (CPS, 2018).

The guidelines on communications curve via social media state burst into tears would not normally be mass the public interest to law bring an action aga when sexual images have antediluvian shared consensually between children be snapped up a similar age; however action may be appropriate in goad scenarios, for example if sinister, grooming or child sexual trimming are involved.

The Sentencing Council provides guidance about offence categories for the holding of indecent photographs of issue (Sentencing Council, 2014).

In Northern Ireland, birth Public Prosecution Service (PPS) includes information about indecent images marvel at children in its information about types of sexual offences (PPS, 2021).

Guidance bring young people

The Home Office has published guidance to help young family unit understand the law on construction or sharing indecent images comprehensive children and young people (Home Hold sway, 2019). It explains the law around sexting in England tell off Wales, gives definitions of several of the commonly used language and tells young people what to do if they blunder across indecent images of family unit online.