Chat no restriction to nudity
This national law bans sexting for anyone under 18.
When sexting involves someone under 18, it can be ‘child pornography’ or an ‘indecent act’.
Child pornography is a picture of a young person who is: Child pornography can include real pictures, photo-shopped pictures, videos and cartoons.
But a picture is only child pornography if it is offensive to the average person.
If the person is under 18 when they commit the child pornography crime, the police must get the Attorney General’s permission before they can make child pornography charges under the national law.
Remember, the national law says a person under 18 can’t agree to sexting.
It can also be a crime to share a nude/sexy picture of someone who looks like they are under 18, even if they are actually over 18 when the picture was taken.
In this case, she was not charged (probably because she was so much younger than him, the boy was considered more at fault).
The maximum penalties for child pornography can be up to 15 years in jail and being placed on the sex offender register.
In partnership with Children's Legal Services of Legal Aid NSW, we launched a project to give young people meaningful information about the laws that can apply to sexting and cyber bullying and to survey their opinions on the fairness of these laws.