What is sexting?

When someone sends or receives a text message of a sexual nature. This includes explicit text, inappropriate pictures and or video clips which may also be sent from various mobile apps such as Snapchat and/or WhatsApp.

What happens if you send sexual images/sex texts?

Once the message has been sent, you are no longer in control of where it goes and who receives it – you have lost the ownership of that imagine and/or text.

It can be passed from person to person and can even end up online on pornographic websites.

Even with apps like Snapchat which allow the picture which has been sent to disappear after a few seconds, images can still be kept on the receiver’s phone as a ‘screen shot’ or secretly saved with the use of another app.

Sexting and the Law At present in Scotland, if convicted of a crime involving sexting, a youth faces up to 6 months in a Young Offenders Institution (if aged 16-21 years), or regular prison if over 21 years, and/or a fine of up to £1,000.

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1. It is an offence to ...

observe, record or distribute images of an individual doing a private act (including nudity/in their underwear) without their consent. (Sexual Offences Act 2009, Section 9, Scotland).

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1. It is an offence to ...

take, distribute or have in your possession an indecent image of a child under the age of 18. (Civic Government 1982, Section 52, Scotland).

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1. It is an offence to ...

send a message which is grossly offensive or of an indecent, obscene or menacing character. (Communications Act 2003, Section 127).

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1. It is an offence to ...

make a person look at a sexual image without their consent (Sexual Offences Act 2009, Section 6, Scotland).

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1. It is an offence to ...

make someone else see written sexual communication or hear verbal sexual communication without their consent. (Sexual Offences Act 2009, Section 7, Scotland).

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