What is sexting?

Sexting involves sharing intimate messages, images or videos via text or live chat. For more information about sexting and how to reduce the risks and deal with harassment and abuse, please refer to the eSafety Commissioner

Is sexting illegal?

Yes, if it involves child abuse material, or offends laws against indecency and offensive or harassing behaviour.

Federal Law

Under the Criminal Code Act 1995 (Cth) it is an offence to use a carriage service (including phone or internet services) to access, receive, transmit, make available, publish, distribute, advertise or promote child abuse material [s 474.22]. Child abuse material is defined in section 473.1, and includes material that depicts or describes a person or representation of a person who is, or appears to be, under the age of 18 years (including a doll) engaged in a sexual pose or activity, or depicting a sexual organ for a sexual purpose, offensively.

Other offences under the Criminal Code Act 1995 (Cth) that could be committed by sexting include:

State Law

In South Australia sexting is illegal under the Criminal Law Consolidation Act 1935 (SA) if it involves the possession, production or dissemination of child exploitation material.

Under the Criminal Law Consolidation Act 1935 (SA):

Child exploitation material means material that:

Production and dissemination includes producing or taking steps to produce or disseminate child exploitation material, knowing of its pornographic nature [s 63]. The maximum penalty for this offence is 15 years imprisonment..

What if someone sent me child exploitation material even though I didn’t ask for it?

It is a defence to a charge of possessing child exploitation material if it can be proved that the material came into the defendant’s possession unsolicited and that the defendant, as soon as they became aware of the material and its nature, took reasonable steps to get rid of it [s 63A(2)].