Teaching resource: Sexting
About this teaching resource
This resource is part of the Sex, young people and the law education kit developed by the Loddon
Campaspe Community Legal Centre and the Community Legal Education team at Victoria Legal Aid,
first published in February 2013. This is the third edition, published February 2015.
Sex, young people and the law is designed to help young people to understand their legal rights and
responsibilities and make informed decisions about sex and relationships. It covers four topics: Age
of consent, Consent, Cyberbullying and Sexting.
This resource is for lawyers, teachers and educators delivering education sessions to young people
on the Sexting topic. It supports the PowerPoint presentation, short film and activities on Sexting,
available at www.legalaid.vic.gov.au/sex-young-people-law.
This teaching resource includes:

a session plan

legal background notes

activity answers.
The session plan draws together all the components of the Sexting topic of Sex, young people and
the law to help deliver effective and engaging legal education sessions to young people. It contains
basic legal information and key messages to guide you throughout your session. You can adapt the
plan to suit the needs of your students and time allocated to the session.
The legal background notes will help you prepare your session and strengthen your legal knowledge
on the topic. It is not expected that you will read these notes aloud in your session.
The activity answers will help you prompt correct responses from students during the activities. The
activity sheets for students, which include activity instructions, are available at
www.legalaid.vic.gov.au/sex-young-people-law
For more information on Sex, young people and the law, email Community Legal Education,
Victoria Legal Aid on cle@vla.vic.gov.au or call 9269 0234 and ask for Community Legal Education.
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Produced by Victoria Legal Aid
Victoria Legal Aid
350 Queen Street
Melbourne 3000
For help with legal problems, call Legal Help on 1300 792 387
For business queries, call 9269 0234
First edition February 2013
Third edition October 2014, updated February 2015
Acknowledgements: We thank Victoria Legal Aid lawyers, Loddon Campaspe Community Legal
Centre, Charlotte Powell, the Department of Education and Early Childhood Development and the
Safe Schools Coalition Victoria for their input into this resource.
© 2015 Victoria Legal Aid. Please contact us if you would like to re-use any of this publication in
your own publications or websites. Email cle@vla.vic.gov.au.
Disclaimer: The material in this publication is a general guide only. It is not legal advice. If you need
to, please get legal advice about your own situation.
About Victoria Legal Aid
Victoria Legal Aid is an independent statutory authority set up to provide legal aid in the most
effective, economic and efficient manner. It is the biggest legal service in Victoria, providing legal
information, education and advice for all Victorians.
Victoria Legal Aid can help people with legal problems about criminal matters, family breakdown,
child protection, family violence, child support, immigration, social security, mental health,
discrimination, guardianship and administration, tenancy and debt.
Victoria Legal Aid provides:

free legal information through its website, Legal Help phone-line, community legal education,
publications and other resources

legal advice through the Legal Help phone-line and free clinics on specific legal issues

minor assistance to help people negotiate, write letters, draft documents or prepare to
represent themselves in court

grants of legal aid to pay for legal representation by a lawyer in private practice or a VLA staff
lawyer.
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Table of contents
Glossary ............................................................................................................................................. 4
Session plan – Sexting ....................................................................................................................... 5
Preparation ..................................................................................................................................... 5
Session plan ................................................................................................................................... 7
Legal background notes – Sexting .................................................................................................... 15
What is sexting? ............................................................................................................................ 15
The film – Sexting ......................................................................................................................... 15
Real life examples: sexting cases in the news ............................................................................... 15
What does the law say? ................................................................................................................ 16
Distributing an intimate image .................................................................................................... 16
Child pornography laws ............................................................................................................. 17
Stalking...................................................................................................................................... 18
Sexual harassment .................................................................................................................... 18
Adult pornography ..................................................................................................................... 18
What can happen legally? ............................................................................................................. 18
How might the police become involved in a sexting case? ......................................................... 18
What penalties are there? ............................................................................................................. 19
What can you do if you have sent or get a sext? ........................................................................... 19
Where can you get help? .............................................................................................................. 20
Key messages............................................................................................................................... 21
Additional resources ...................................................................................................................... 22
Legal information ....................................................................................................................... 22
Non-legal resources................................................................................................................... 22
Activity answers – Sexting ................................................................................................................ 24
Activity one – What happens next? ............................................................................................... 24
Activity two – Class debate: Charge him! ...................................................................................... 26
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Glossary
accused – a person charged with committing an offence
age of consent – the legal age where you can consent to sexual activity
arrest – when the police hold you in custody because they think you have committed an offence
charge – the offence that the police say you have committed
Commonwealth laws – laws made by the Federal Parliament. These laws may apply to the whole
country
consent – when you agree to something
criminal record – a record of what happens in court. It shows findings of guilt and convictions
against you for previous offences
custody – when you have been arrested and the police hold you in prison
evidence – information (documents or material) used in court to prove something
hearing – when your case is at court
judge – a person who hears cases in the County Court or Supreme Court. They can make decisions
about whether you are guilty or not. They can give sentences
mediation – a way of resolving a dispute without going to court. It involves an impartial third person
helping the people involved to talk about the issues and come up with a solution
minor – a child, or person under 18 years old
magistrate – a person who hears cases in the Magistrates’ Court or the Children’s Court. They can
make decisions about whether you are guilty or not. They can give sentences
offence – when you have broken the law, you are said to have committed an offence. See also
‘charge’
Register of Sex Offenders – a list of people found guilty of certain sex offences. People on this list
must report to police on things such as when their personal details change and when they have
unsupervised contact with children
sexual assault – common expression for sexual offences
sexual harassment – unwanted sexual behaviour
sexual penetration – anything that involves a penis touching a vagina, anus or mouth. Or any other
body part or another object touching a vagina or anus. It includes penetration to any degree
stalking – when a person repeatedly does something to cause physical or mental harm to someone
else, including causing someone to self-harm or fear for their safety or someone else’s safety
victim – the person whom a crime is committed against
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Session plan – Sexting
Preparation
Learning outcomes
At the end of the session students should have increased knowledge of:

laws about sexting

consequences of breaking these laws

where to get help.
Supporting materials
These materials are all available on www.legalaid.vic.gov.au/sex-young-people-law

Teaching resource: Sexting

Sexting PowerPoint presentation

Sexting film (also embedded in the PowerPoint presentation)

Activities: Sexting (you will need to print copies for students)

Sexting wallet cards (you will need to email cle@vla.vic.gov.au to order copies for students).
Technology

Internet connection to show the film (available on www.legalaid.vic.gov.au/sex-young-peoplelaw and embedded in the PowerPoint presentation)

A laptop and projector to show the PowerPoint presentation and film.
Time allocation
This session plan is for 60 minutes. You can adapt this to suit the different needs of different student
groups and the time available.
If your session is longer than 60 minutes, you can spend more time on the activities. If it is shorter,
consider running only one activity, and adjust the time allocated to each task.
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Things to consider before you begin
Sensitive content
The content of this session may be directly relevant for students who have had personal
experiences relating to the topic and may trigger strong reactions or distress. If you are not the
group’s usual classroom teacher, discuss this with the teacher beforehand.
Consider whether students can choose to sit out or leave during the session. Consider the support a
vulnerable student may need from relevant staff in the school or local services. Investigate contact
details for local support services before the session.
Personal disclosures
Ensure students do not discuss personal details and situations in the session. It is important to
create an open environment where students feel free to ask questions, but personal disclosures may
be subject to mandatory reporting requirements and should be left for private discussion.
Using real life examples
If you are a lawyer, use real life stories from your own work where possible (without disclosing any
client information). This will illuminate the law and engage students in discussion.
Using the right language
Recent studies show that sexting is very common among young people, and that it is becoming part
of teenage sexual behaviour and courtship.1
Young people, however, do not use the term ‘sexting’. They may have their own words to describe
what adults and media call sexting, such as ‘selfies’ or ‘nudies’. Ask the group what language they
use so you can use it in your session.
Changes to the law
In November 2014 the Victorian laws that relate to sexting changed.
There are now some exceptions to Victorian child pornography laws so that young people are not
inappropriately charged. There are also new offences of distributing an intimate image of someone
else and threatening to do this. These new offences are intended to punish the malicious distribution
of images that can have long lasting effects on victims.
This Teaching resource has been updated to reflect these changes. See pages 17–18 for more
information on these new laws, or visit www.legalaid.vic.gov.au/sexting
See Australian Research Centre in Sex, Health and Society, ‘National Survey of Australian Secondary
Students and Sexual Health 2013’ (April 2014).
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Session plan
Introduction
Materials
Time allocation: 5 minutes
Slide 1: Sexting
Introduce yourself and the session
Legal background notes
page 15

Define sexting: sending, receiving or distributing images and text
that are sexual in nature, usually via mobile phones and social
networking sites.
Lay the ground rules

Explain you are not there to judge students on their relationships or
behaviour but to provide information to help them make educated
choices.

Ask that students do not share any personal information or
experiences. If they need advice about a specific situation, they
should speak to a teacher or support service afterwards.

Acknowledge that this session may upset some students. Those
students may choose not to participate in the session.
Provide context for the session

Victorian laws around sexting changed in 2014. There are now
some exceptions to child pornography laws for young people so
that they are not inappropriately charged. There are also new
sexting crimes: distributing an intimate image of someone else, and
threatening to do this.

Although these new defences mean a young person will not get into
trouble for taking and sending a pic of themselves or keeping a pic
that someone around the same age sent them, it is important to
note that national child pornography laws can still apply in some
situations. It can be confusing working out the different laws, so the
best thing to do to stay out of legal trouble is avoid taking, keeping
and sending sexy pics of anyone under 18.

Before posting or sending an image, it is important to think about
where it might go and who might see it. It could be there forever,
and other people might be able to find it, download it or save it.

Show that the consequences of sexting are real by discussing one
of the newspaper articles on the slide. If you have internet
connection, click the link on the slide. If not, hand out hard copies.
Slide 2: Real life
examples
Internet connection to
show the newspaper
articles hyperlinked in
the slide, or hard copies
of the articles (you will
need to print these out)
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Head-to-head activity: True or false?
Materials
Time allocation: 5 minutes
Slide 3: True or false?
Ask students to line up in pairs so the group is divided into two lines.
Each line becomes a team.
Call out the first statement below to the first pair. The first person in
that pair to call out the correct answer (‘true’ or ‘false’) wins a point
for their team. That pair then moves to the back of the line.
Call out the next statement to the next pair and repeat. Keep score of
the teams’ points; the team with the most points wins.
1. A ten year old can go to court for breaking the law.
True. Anyone aged ten or older can go to court.
2. You’re 15. Your 16-year-old boyfriend sent you a sexy pic. In
Victoria, it’s ok for you to keep it.
True. You are not breaking Victorian child pornography laws because
there is less than a two-year age gap between you.
3. A criminal record goes away when you turn 18.
False. Children’s Court records last for 10 years and Magistrates’
Court records can last for life.
4. A girl you’re seeing, who’s at uni, sent you a nudie. It’s not child
pornography because she’s an adult. It’s ok for you to keep it.
True. If she is over 18 it is not child pornography. She gave it to you,
so it’s ok for you to have it.
5. Your friend in year nine sent you a pic of herself in bed, naked.
She said: ‘Share the love on Facebook!’. It’s ok for you to post it.
False. She is under 18, so if you post her pic, you will commit the new
offence of distributing an intimate image. It doesn’t matter if she said
you could share it. You will also break national laws about sending and
distributing child pornography via a carriage service.
6. An 18-year-old guy sends his dick pic to some mates, who are all
a bit older. This is legal.
True. Everyone is over 18, and the pic is of himself, so it’s legal.
7. You post a photo on Instagram of you and your friends at the
beach, playing cricket in your bikinis. That’s child pornography!
False. Even if you’re under 18, you’re not engaged in anything sexual
and it doesn’t sound like the photo shows you in an indecent way.
8. You and some friends had a few drinks and started taking sexy
pics of each other. They’re really funny, and you all want to post
them on each other’s Facebook walls. This is illegal.
True. It is illegal to send on to someone else, post or share sexy pics
of anyone else who is under 18, even if they agree to it.
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9. You took a cute pic of your toddler cousin in the bath. It’s ok for
you to save it as your phone wallpaper.
True. This is not child pornography as there is no sexual activity or
anything indecent in the photo.
10. Your ex texts you: ‘I’m over it, don’t wanna go out with you
anymore’. You text back: ‘Take that back or you’ll be sorry!
Remember those secret pics? I can easily Snapchat them.’ What
you’re saying is illegal, even if you don’t go through with it.
True. Under Victorian law, it is a crime to threaten someone to
distribute an intimate image of them.
11. If you’re under 18 yourself, you can’t be charged with child
pornography.
False. People under 18 can be charged with child pornography
offences.
12. You’re 17. A 14-year-old guy you know sent you a sexy pic.
You’re breaking the law if you keep it on your phone.
True. He’s under 18, so the pic can be seen as child pornography and
it is a crime to keep it. You can’t rely on the defences to child
pornography because you are more than two years older than him.
13. You take some sexy selfies of you in your underwear, just for
you. It’s legally ok to keep them on your phone.
True. You’re not breaking the law by having them.
14. And it’s legally ok for you to send one of those selfies to
someone else who’s your age.
True.
15. You and your boyfriend or girlfriend took some hot pics together.
They’re really sexy and you want to show them off, so you email
them to your best friend. They’re your pics, it’s ok for you to
share them.
False. If your boyfriend or girlfriend is under 18, you are breaking the
law of distributing an intimate image of someone else under 18 – even
if you’re in the pics. If he or she is more than two years younger than
you or your best friend, you will also break child pornography laws.
16. The woman next door is always walking around her house naked.
You took a great pic of her through the window – it’s really arty
and sexy. It’s ok for you to text it to your mates, because she’s an
adult and she’s the one walking around naked all the time.
False. It is illegal to distribute an intimate image of an adult unless they
agreed to it. The neighbour didn’t know you took the pic, so she can’t
have agreed to you sharing it. You could also be charged with other
offences, such as stalking, if you have looked through the window at
her more repeatedly.
Film: Sexting
Materials
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Time allocation: 10 minutes
Slide 4: Sexting
Ask the group to consider the following questions while they watch
the film:
Internet connection to
play the film hyperlinked
on the slide.

Is anyone breaking the law?

What might happen next?

What should Kathy and Carla do?
Click on the image on the slide to play the film.
What does the law say?
Materials
Time allocation: 10 minutes
Slide 5: What does the
law say?
Explain the law in response to Sexting.
Is anyone breaking the law?

Legal background notes
page 16
The characters in the film may be breaking different Victorian and
national laws. Mason’s pictures seem to be sexts, as they are
showing him in a sexual way. Mason is in year 10, so we can
assume he is under 18. Let’s say he is 16.
Distributing an intimate image

In Victoria, it is illegal to send on or share a sexy pic of someone
else who is under 18. Under the law this is called distributing an
intimate image, and there are serious penalties for this. It is also
illegal to threaten to distribute an intimate image.

These laws also apply to pics of adults, but they are a bit different. It
is illegal to send on or share a sexy pic of someone over 18 unless
they agreed to you sending or sharing it.

In the film, Kathy will break the law if she sends Mason’s pictures to
Carla because Mason is under 18. She is also breaking the law by
threatening to send Mason’s pictures to Carla.
What does the law say?
Materials
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What does the law say?
Materials
Child pornography
Slide 5: What does the
law say?

Child pornography is defined as: any film, photo, publication or
computer game that shows someone under 18, or who looks under
18, in a sexual activity or posing in an indecent sexual way.
Mason’s pictures could be seen as child pornography.

There are laws against inviting, producing and possessing child
pornography, and also using a carriage service (phones or internet)
to access, publish or send child pornography.

In Victoria there are some defences to child pornography laws if you
are under 18. You will not break the law if you take, keep or send a
sext of yourself. And you will not break the law if you take, keep or
get a sext of someone else who is also under 18 as long as:

nobody in the sext is more than two years younger than you

and the sext does not show any crimes being committed.

This means two years exactly. If the person in the sext is any more
than two years younger than you, even if it’s just one week, you
could be charged with possessing child pornography.

These defences only apply if you are under 18. If you are 18 or
older, even if you just turned 18, you could be charged with child
pornography offences if you take, send or keep a sext of anyone
under 18.

In the film, Mason sent sexts to Kathy. In Victoria, Mason will not
get into legal trouble because he is under 18, the pics are of
himself, and they do not show any crimes being committed. Kathy is
younger than Mason, so she will not get into legal trouble for getting
and keeping his pics.

Kathy says she has sent pictures to Mason as well. In Victoria,
Kathy will not get into legal trouble because the pics are of herself.
Mason will not get into trouble for keeping the pics as long as he is
no more than two years older than Kathy.

Under Commonwealth (national) laws it is still illegal to take, send
or publish sexts of people under 18. These laws apply in different
circumstances to when Victorian state laws apply. They could apply
if one person is overseas and is getting or receiving international
texts or emails, or if images are posted on websites from overseas,
or if webcams are used to link people overseas.

It is important to note that the child pornography laws of each state
and territory in Australia are slightly different. If you are in New
South Wales and you take a sexy pic of your girlfriend or boyfriend,
Legal background notes
page 17
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What does the law say?
Materials
then the Victorian defence of being within the two year age gap
won’t apply because the law is different in New South Wales.
What might happen legally?

Laws may have been broken here, so the police may get involved
and investigate. The police could charge Mason or Kathy if they
broke the law.

If Kathy sends Mason’s pictures on to Carla, Kathy could face up to
two years’ prison for distributing an intimate image. She could face
one year for threatening to distribute the pics, even if she does not
go through with it.

If there was more than two years’ age difference between Mason
and Kathy, Mason could get into trouble for breaking child
pornography laws. Penalties would be serious, including prison,
criminal record and being put on the Register of Sex Offenders.
What can Kathy and Carla do now?

Kathy should not send Mason’s pics to Carla or anyone else.

Kathy could ask Mason to delete her pictures and to stop sending
her his pictures. There is no safe way to sext, as you can’t control
who sees it once it is sent or posted.

If Kathy sends Mason’s pics on to Carla, the best thing for Carla to
do is delete them and ask Kathy to stop.

If you have made, gotten or sent a sext, the best thing to do is to
delete it and ask others to delete it.
Slide 6: What might
happen legally?
Legal background notes
page 18
Materials
Slide 7: What can
Kathy and Carla do
now?
Legal background notes
page 19
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Where can you get help?
Materials
Time allocation: 5 minutes
Slide 8: Where can you
get help?
Hand out Sexting wallet cards to students. There is blank space on the
cards to add contact details of other local services.
Refer to the contact details listed in the legal background notes and on the
wallet cards to explain how to get help.
Legal background notes
page 20
Copies of Sexting
wallet cards
Legal services: Victoria Legal Aid, local community legal centre, Youthlaw.
Other support services: Centres Against Sexual Assault, Kids Helpline,
Victims Support Agency, dispute settlement services.
Activities
Materials
Time allocation: 15 minutes
Slide 9: Activity
Select one activity from the Sexting activities. If time permits, run two
activities.
Legal background notes
pages 24-27
Refer to the activity answers for activity instructions and correct answers.
Copies of Sexting
activities
Pens and paper
Key messages
Materials
Time allocation: 5 minutes
Slide 10: What have
you learned?
Reiterate key messages of the session by asking the following
questions. Refer to the legal background notes for extra information and
correct answers.
What is sexting?

Sexting is the sending, receiving or distributing of sexual material
(including images and text), usually via mobile phones or social
networking sites.
What laws might sexting break?

Sending, posting or sharing a sexy pic of someone else who is
under 18 will break the law of distributing an intimate image.
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Threatening to do this will also break the law.

Sending, posting or sharing a sexy pic of someone else who is over
18 will break the law of distributing an intimate image if they have
not agreed to you sharing it.

There are some exceptions to child pornography laws for people
under 18 and in Victoria. You can make, keep or send a sexy pic of
yourself. And you can keep a sexy pic that someone else gave you
as long as you are under 18 yourself, no one in the pic is more than
two years younger than you and the pic does not show any crimes
being committed.

If a sext shows or describes someone who is under 18, or looks
under 18, it can also break Commonwealth (national) child
pornography laws in some situations. These laws might apply if the
sext is sent internationally.
What should you do if you get a sext, or if you are asked to make
one?

The best way to stay safe online is: don’t take, send or keep sexts
of anyone under 18.
Where can you go for help?

Centre Against Sexual Assault, Kids Helpline, Victims Support
Agency, Dispute Settlement Centre of Victoria, Victoria Legal Aid,
Youthlaw, community legal centre.
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Legal background notes – Sexting
What is sexting?
Sexting is not a legal term, but a term used by the media to refer to the sending, receiving or
distributing of material that is sexual in nature, usually via mobile phones but also through posts on
social networking sites or blogs. A sext can include images or text.
Young people have their own terms to describe sexting, for example, selfies and nudies.
There are several laws that relate to sexting. In Victoria there are laws about distributing intimate
images of someone else. There are also child pornography laws that relate to sexting.
Child pornography laws were made to protect children from exploitation or abuse by older people.
They were made before smart phones and social media became popular, so they were not
specifically designed for sexting between young people.
The film – Sexting
Film synopsis: Kathy and Carla are friends. They are hanging out at Kathy’s place. Kathy has been
sent sexy selfies from a guy in year 10 called Mason. She shows Carla. Carla is unimpressed. Kathy
tells Carla she might send Mason some sexy selfies in return. We are not told Mason’s age but we
can assume he is about 16 years old, while Kathy and Carla are 14 years old.
Near the end of the film, we hear Kathy’s mum coming home. Kathy wants to continue the
conversation later with Carla. Kathy tells Carla she will send her Mason’s pictures.
Real life examples: sexting cases in the news
There have been cases of young people going to court for sexting-related offences and facing being
put on the Register of Sex Offenders. Here are some examples of sexting cases in the news:

Prosecutor pursues first sexting conviction in case involving naked 13-year-old’, Sydney
Morning Herald, 1 November 2010:
This was the first sexting case in Australia. While working a shift at KFC, Damian, from
Sydney, was texting a girl. He was 18 and she was 13. He sent her a photo of himself topless,
then asked her to send him one. She sent a full frontal photo of herself naked. Her dad later
checked her phone, saw the photos and went to the police. Damian was charged with
possession of child pornography, went to court and faced two years’ jail.
http://www.smh.com.au/technology/technology-news/prosecutor-pursues-first-sextingconviction-in-case-involving-naked-13yearold-20101031-178xv.html

‘Court dismisses sexting case’, Daily Mercury, 22 October 2010:
A Queensland teenager was driving in a car which was stopped by police. Police asked to
check his mobile phone, and found a photo of a topless 15-year-old girl on it. He had not
shown or sent it to anyone, and had kept it on his phone. He was charged with possessing
child exploitation material – which is Queensland’s equivalent to Victorian child pornography
laws. He faced going on the Queensland Sex Offenders Register for 20 years. In the end the
magistrate decided not put him on the register.
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http://www.dailymercury.com.au/news/sexy-text-or-child-porn-court-dismisses-caseagain/665761/

‘Sexting youths placed on sex offenders register’, The Age, 24 July 2011:
A couple, both 17 years old, filmed themselves having sex. They broke up a year later, and the
boy, who was then 18, emailed two photos from the video to some friends. Police charged him
with making and transmitting child pornography. He was fined $1000 and put on the Register
of Sex Offenders for eight years. He later said: ‘In a moment of rage we can do some really
stupid things. Unfortunately my mistake is going to impact for a decade or more.’
http://www.theage.com.au/victoria/sexting-youths-placed-on-sex-offenders-register-201107231hugu.html

The Twitter exchange below was the subject of a news item in which sexting claims were
made: http://www.news.com.au/entertainment/celebrity-life/reece-mastin-was-sexting-me-girlsays/story-e6frfmqi-1226652572135
You may wish to read out the exchange (the names of the people involved have been
changed for privacy) and ask the group if they think any laws have been broken:
Tom: You got snap chat?
Lily: I sure do :) XXXXXXXXX
Tom: Hmmmmmmm
Lily: hehe, you gunna add me or what :)
Tom: Maybe
Lily: I dare you
Tom: What am I gonna get out of it :)
Lily: You could get plenty of things but you have a girlfriend so it wouldn't be appropriate.
Tom: I do I do hahaha. Secret Snapchat?
Lily: You first.
Tom: Nah you, that's the rules.
Lily: You won't send one back. Grrr
Tom: I can't and you know why :( but you can :)
What does the law say?
Distributing an intimate image
In Victoria, there are new laws about sending and sharing sexy pics of other people.
It is now illegal to post or send a sexy pic of someone else who is under 18 to anyone else, even if they
agreed to it. This is called ‘distributing an intimate image’ and you can face serious penalties if you do this
– up to two years in jail. It is also illegal to threaten to distribute an intimate image. You could face up to
one year in jail if you threaten to send on a pic, or post it online.
The law is a bit different for pics of adults. If the person in the pic is over 18, it is illegal to send it on or
share it with anyone else if they did not agree to you sharing it.
So, adults can agree to other people distributing a sexy pic of them, but children cannot.
You cannot be put on the Register of Sex Offenders for breaking the law of distributing an intimate image.
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Child pornography laws
Sexting can also break both state and Commonwealth (national) child pornography laws.
Child pornography is defined as a film, photograph, publication or computer game that describes or
depicts someone who is, or appears to be, under the age of 18 engaging in sexual activity or in an
indecent sexual manner or context. This can include text as well as images and video. What is
‘indecent’ depends on the context. Sexual poses with clothes on, as well as clothes off, might be
classified as pornography. This is a very serious offence and carries up to 10 years imprisonment in
Victoria and registration on the Register of Sex Offenders.
Victorian laws
In Victoria, a sext of someone under 18, or who looks under 18, may be classified as child pornography if
the young person is shown in a sexual activity or in an indecent sexual way.
However, there are some exceptions to child pornography laws in Victoria for people under 18. These
laws were introduced in Victoria in 2014 to reflect the common nature of young people sending sexts and
to stop young people being inappropriately charged or put on the Register of Sex Offenders.
If you are under 18 and in Victoria you can take, keep and send a sexy pic of yourself.
And you can take or keep a sexy pic of someone else who is under 18 as long as:

no-one in the pic is more than two years younger than you, and

the pic does not show any crimes (such as rape) being committed.
This means two years exactly. If someone is 16 and 6 months old, they will break child pornography laws
if they have a sexy pic of someone who is 14 years and 2 months old.
And these exceptions do not apply to people over 18, even if they have just turned 18.
Remember, if anyone else in the pic is under 18, you cannot send the pic on, post it online or share it with
anyone else. That would break the law of distributing an intimate image.
Commonwealth laws
It is important to know that Commonwealth (national) laws can still apply in some situations. It is up to the
police or the court to decide which law applies to different situations.
One reason why the Commonwealth laws might apply is if the image or text is being sent to or received by
someone overseas. Or if the images are posted on websites from overseas, or if webcams are being used
to link people overseas.
Under Commonwealth law it is illegal for anyone to take, send, receive or keep a sexy pic of
someone who is under 18 or who looks under 18. There are serious penalties for breaking these
child pornography laws, including prison and being put on the Register of Sex Offenders.
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Stalking
In some situations sexting could also be considered stalking.
Stalking means doing something with the intention of causing physical or mental harm to the victim,
including self-harm, or causing the person to fear for their safety or someone else’s safety. Stalking
can include repeated actions such as following someone, posting things on the internet about them,
harassing phone calls, threats – and of course sexts.
Sexual harassment
In some situations sexting could also be considered sexual harassment. Sexual harassment is when
someone makes an unwelcome sexual advance or request, or other behaviour of a sexual nature,
and it is reasonable that the other person would be offended, humiliated or intimidated. This can
include saying sexual things to a person, making sexual gestures to them, or subjecting them to an
act of physical intimacy. However, for the law to apply, the harassment has to happen in certain
areas of public life, such as at work, at school or by a landlord or real estate agent.
There are national and Victorian laws protecting people from harassment. A person being harassed
can complain to the Victorian Equal Opportunity and Human Rights Commission or the Australian
Human Rights Commission.
Adult pornography
There are rules and regulations around classification of adult pornography and who sees this.
There are also Victorian laws that relate to showing adult pornography to children. People can get in
trouble for showing classified adult content in public places or for knowingly letting a child watch
classified adult content in public places.
What can happen legally?
The punishment for people found guilty of committing offences related to child pornography or
distributing an intimate image can be very high.
How might the police become involved in a sexting case?
The police could become involved because of the criminal nature of the situation. This may happen if
a teacher becomes aware of the sexts or if a young person’s parents call the police. The young
person themselves may call the police. Or someone may lose their phone and it may be handed in to
the police with the sexts on it.
If the police become involved, they may interview the accused person. If the police believe they have
a strong case against the accused, they can take that person to court. At court, the magistrate, judge
or jury decides whether the person is guilty of breaking the law. They must only decide that a person
is guilty if satisfied ‘beyond reasonable doubt’ that the person is guilty of the offence.
If the accused is found guilty, there can be serious consequences. For a sexual offence, they will get
a criminal record and will often get a jail sentence.
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What penalties are there?
Distributing an intimate image
There are serious penalties for distributing an intimate image.
If you send on, post or share an intimate picture of someone else who is under 18, or if you send on,
post or share a picture of someone who is over 18 without their consent, you could face a penalty of
up to two years in prison.
If you threaten to send, post or share an intimate picture of someone else, you could face a penalty
of up to one year in prison.
Child pornography
There are serious penalties for breaking child pornography laws. These include prison, getting a
criminal record and being put on the Register of Sex Offenders.
Being found guilty of possessing child pornography could mean up to five years in prison. Being
found guilty of producing child pornography could mean up to 10 years in prison.
Being found guilty of the Commonwealth offence of using a carriage service (phones or computer) to
access or transmit child pornography could mean up to 15 years in prison.
If a person is found guilty of any of these crimes, they could get a criminal record. This could make it
hard for them to get certain jobs. It may also make it hard for them to travel in the future.
People charged with these crimes can also be put onto the Register of Sex Offenders. This could
make it hard to get some jobs, especially jobs working with children. It could mean not being able to
volunteer as a sports coach at the footy club. Young people under 18 can be placed on the register
for up to seven and a half years. A judge or magistrate can decide if they put someone under 18 on
the register, depending on the circumstances of the case. People listed on the register have to report
regularly to the police and are not allowed to engage in any child-related employment.
What can you do if you have sent or get a sext?
There is no safe way to send a sext. You can’t control who sees it once it is sent or posted, and if
anyone in the picture is under 18 you could get into legal trouble. The best way to stay safe is: don’t
take, send or keep a sexy photo or video or text of anyone under 18.
Even if you are using apps such as Snapchat that delete images after a certain time you can’t control
what happens to them. For example, someone who sees an image before it is deleted may take a
screen shot of it.
If you get a sexy pic of someone who you know is under 18 or who looks under 18, don’t share it,
delete it immediately.
The law says you have the right to say ‘no’ to any type of sexual activity that you don’t want to do,
including sending a sexy pic.
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If you’re worried about a pic that’s already out there, talk to a school counsellor or an adult you trust.
They may be able to help you to resolve the problem before it gets too serious. Getting help from
someone you trust could help to avoid a situation where the police get involved.
Sometimes, cases of sexting may be dealt with by schools. Or, through mediation or dispute
resolution. The Dispute Settlement Centre of Victoria provides a free, confidential mediation service
and also advice on how to deal with disputes.
Where can you get help?
There are many organisations that have professionals who can give young people confidential advice
and support:
Centre Against Sexual Assault (CASA)
You can contact CASA 24 hours a day, seven days a week for crisis counselling, support, information
and advocacy. Your call will be directed to the CASA in your region.
Tel: 1800 806 292
Website: www.casa.org.au
Dispute Settlement Centre of Victoria
Free mediation and dispute resolution. Mediation is a way of resolving disputes without going to
court. The mediator is a trained, impartial third person who helps the parties talk about the issues and
come to an agreement that works for both parties.
Tel: 1800 658 528
Website: www.disputes.vic.gov.au
Local community legal centre
Community legal centres give free legal advice. Call the Federation of Community Legal Centres or
visit their website to find your nearest community legal centre.
Tel: 9652 1500
Website: www.communitylaw.org.au
Kids Helpline
Free, private and confidential telephone and online counselling service specifically for young people
aged between five and 25.
Tel: 1800 551 800
Website: www.kidshelp.com.au
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Lawstuff
Legal information and email advice service for children and young people.
Website: www.lawstuff.org.au
Victims Support Agency
Information about how a victim can be supported throughout the police and court stages, and also
about compensation.
Tel: 1800 819 817
Website: www.justice.vic.gov.au/victimsofcrime
Victoria Legal Aid
Free legal help over the phone, Monday to Friday, 8.45 am to 5.15 pm.
Tel: 1300 792 387
Website: www.legalaid.vic.gov.au
Youthlaw
Free legal service for people under 25.
Tel: 9611 2412
Website: www.youthlaw.asn.au
Key messages

Sexting is the sending, receiving or distributing of sexual material (including images and text),
usually via mobile phones or social networking sites.

Sending or sharing a sexy pic of someone else who is under 18 is illegal in Victoria.
Threatening to do this is also illegal.

Sending or sharing a sexy pic of someone who is over 18 without their agreement is illegal in
Victoria. Threatening to do this is also illegal.

Taking, sending or keeping a sext of someone who is under 18 or looks under 18 can break
national child pornography laws. This could happen if the sext is sent internationally or if the
person sending or getting the text is over 18 or more than two years older than someone in the
sext.

The best way to stay safe online is: don’t take, send or store sexts of anyone under 18.

There are places you can go for help.
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Additional resources
Legal information
Victoria Legal Aid
Am I old enough?
Booklet for young people about what the law will or will not let them do.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-and-resources/ami-old-enough-common-legal-issues-for-young-people
Services for people affected by crime
Produced by the Victims Support Agency of the Department of Justice. Gives information about the
different services available in Victoria that can help anyone affected by crime.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-andresources/services-for-people-affected-by-crime
Legal Help card
A wallet-sized brochure about Victoria Legal Aid services. In English and 25 languages.
Order free copies at: www.legalaid.vic.gov.au/find-legal-answers/free-publications-andresources/victoria-legal-aid-help-card-english
Web pages

Sex and the law: www.legalaid.vic.gov.au/find-legal-answers/sex-and-law

Sexting and child pornography: www.legalaid.vic.gov.au/sexting

Contact us: www.legalaid.vic.gov.au/contact-us
Fitzroy Legal Service – Victorian Law Handbook website

Courts: www.lawhandbook.org.au/handbook/ch01s02.php

Advice directory: www.lawhandbook.org.au/handbook/ch02s04.php
Youthlaw
Youthlaw has online fact sheets on a variety of topics:
http://youthlaw.asn.au/resources/factsheets-2/
Non-legal resources
Centre Against Sexual Assault
The Centre Against Sexual Assault has resources on sexual assault: www.casa.org.au/resources/
Cybersmart
A national cybersafety and cybersecurity education program managed by the Australian
Communications and Media Authority: www.cybersmart.gov.au
Safe Schools Coalition Victoria
Provides free training, resources and consultancy for schools on sexual and gender diversity:
www.sscv.org.au
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Safe and Supportive School Communities
Bullying. No Way! – Take a stand together has useful information and interactive activities for
students, teachers and parents: www.takeastandtogether.gov.au
Department of Education and Early Childhood Development

Sexuality education:
http://www.education.vic.gov.au/school/teachers/teachingresources/social/physed/pages/sexu
alityed.aspx

Catching on Early: http://safeschoolscoalitionvictoria.org.au/wpcontent/uploads/2013/04/catchingonearly.pdf

Catching on Later: https://fuse.education.vic.gov.au/content/407ed837-2c8b-4842-9a22fe7f8bb07b99/catchingonlater.pdf
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Activity answers – Sexting
These are suggested correct responses to the Sexting activities in Sex, young people and the law.
Activity sheets for students, which need to be printed, are available at www.legalaid.vic.gov.au/sexyoung-people-law
Activity one – What happens next?
Task for teacher or presenter: Help the group get into small groups of three to four. Ask the groups
to discuss the case study and what might happen next for the people involved. Ask the groups to fill
in the table with possible impacts that the situation might have on each person: emotionally, socially
(for example, at school or with friends or family) and legally, and where they could get help. Use the
example answers below as points of discussion.
Case study: Noah is 15. He was in a relationship with a girl in his class named Kaylee, who is 14.
While they were going out, Kaylee let Noah take photos of her topless with his phone. They didn’t
show anyone else. Kaylee thought there was nothing wrong with this because it was her body and
she was in control of what she did with it. When they broke up, Noah was really upset and he sent
one of the photos to his mates. Kaylee found out and told her parents, who went to the police.
Example answers and points of discussion
For Noah
What could happen
emotionally and socially?
What could happen
legally?
Where could they get
help?
Noah’s parents and school
may get involved and he could
get into a lot of trouble.
The police may investigate
and Noah could be charged
with distributing an intimate
image.
Victoria Legal Aid, Youthlaw
or a local community legal
centre
Noah might feel good about
getting the pic and popular for
sending it to his mates, but
soon he might become very
stressed and upset and feel
guilty for sending it on.
Trusted adult
If Noah is found guilty of
distributing an intimate
image, he could face up to
two years in prison.
School counsellor
Kids Helpline
Noah may lose the trust of
Kaylee, his friends, Kaylee’s
friends, family, classmates,
teachers and other people who
find out. This may hurt Noah’s
relationships and reputation
with these people.
Noah might feel lonely and
isolated. He might withdraw
socially and from school.
Noah might be bullied for what
he did to Kaylee.
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For Kaylee
Kaylee may be very worried
and upset that her privacy has
been invaded.
Kaylee may have to give
information to police if they
investigate Noah or Noah’s
mates.
A trusted adult
School counsellor
Kids Helpline
Kaylee may be very angry at
Noah and Noah’s mates for
breaking her trust.
Kaylee’s family, friends,
classmates and teachers
might find out about the photo
or even see it. Kaylee might be
embarrassed about this.
Kaylee might worry that
Noah’s mates will send the
photo on to other people, or
put it online.
This all might affect her self
esteem and she might not
want to go to school or do
anything social.
Kaylee might be bullied or
harassed by people who have
seen or heard about the photo.
Kaylee might become
depressed and even suicidal.
For Noah’s
mates
Noah’s mates might feel pretty
happy at first to get the photo.
Or they might feel a bit
embarrassed about having it.
They may feel pressured to
send the photo on to others.
They may feel worried about
having the photo on their
phones and computers.
They might be stressed from
all the different opinions and
advice they’re getting from
friends, students, teachers and
police. They may not want to
go to school, or talk to anyone.
If they are any more than
two years older than Kaylee,
they will be breaking child
pornography laws by having
the pic. If they are found
guilty of this, they could be
charged and face penalties.
Victoria Legal Aid, Youthlaw
or a local community legal
centre
If they send the pic to
anyone else, they could be
charged with distributing an
intimate image.
Kids Helpline
Trusted adult
School counselor
The police may want to talk
to them if they investigate
Noah. Their parents might
get involved, too.
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Activity two – Class debate: Charge him!
Debate topic: Pham should be charged with breaking the law.
Case study: Pham is 15. He and his friends go out to a party on the weekend. The group starts
playing party tricks. Pham decides to take photos of his dick and text the photos to girls at the party.
Pham’s friends all think it’s pretty funny. Stacy, who is 18, gets a text message from Pham with a
photo of his ‘dick trick’. She thinks it’s gross but sort of funny, and keeps it on her phone to send to
her school friends.
Task for teacher or presenter: Help the group get into teams of three or four. Then allocate half the
teams to FOR and half to AGAINST.
Ask the teams to discuss the case study and come up with arguments to support their side of the
debate. Encourage them to use the questions provided and what they have learnt about the law to
help them come up with their arguments. Use the sample answers below to guide discussion.
Advise the group how long each speaker should talk for in the debate (for example, two minutes
each). This will depend on how long your session is.
Give the teams time to think about their arguments. This amount of time will depend on how long you
have for the session and can be anywhere from 10 to 30 minutes, or longer if you wish to make this a
bigger class project.
Then pair up each FOR team with an AGAINST team for a debate. Each team will take it in turns to
speak.
Keep time and let each speaker know when they have reached the time limit. At the end of the
debate, select a team from each debate with the most convincing and well presented arguments as
the winner.
Questions for students to think about when writing their arguments:

What does the law say about Pham taking the pics?
Sample answer: The photos are taken by Pham of himself, so in Victoria he won’t be charged with
child pornography.

What does the law say about Stacy getting the pics?
Sample answer: Stacy has the photo on her phone, she is over 18 and she is more than two years
older than Pham, so she is committing the crime of possessing child pornography.

What are the consequences for Pham or Stacy if they are charged with breaking the law?
Sample answer: The police could investigate by asking Pham and Stacy questions about the
photos. The police could choose to charge Pham and Stacy for the laws they have broken. They
would each then have to go to court and answer the charges in front of a magistrate. If they were
found guilty of these charges, the magistrate may choose to put them on the Register of Sex
Offenders. If this happens, for the next seven and a half years they must tell police of any changes to
their personal circumstances, including any new internet accounts or a change in mobile phone
number. They would not be able to do any child-related work.
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
Who, if anyone, do you think should get into legal trouble for these pics?

Do you think the laws about sexting are fair?

What do you think the law should say about young people sending sexy pics to each other?

Is sexting part of life for young people?

Is the law up to date with what young people think and do?

What could happen to Pham’s pics? Who else could see them?

How might Pham and Stacy feel?

Is anyone else affected by these pics?
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