Youth & the Law: Sexting: What's the big deal?

AuthorSteingard, Jessica
PositionColumns

Sometimes the laws are the same for youth, sometimes they are different. Our new Youth & the Law column aims to help readers better understand legal topics affecting youth today.

In this issue, we're diving straight into a controversial topic among youth today: sexting.

What is sexting?

Sexting is sending or receiving sexual pictures, messages or videos through technology, such as cell phones, apps, email, the internet or webcams.

Sexting is serious business. What may start out as a seemingly innocent photo to your boyfriend or girlfriend can turn into much more. What if the recipient shows the image to their friends? What if the recipient forwards the image to others via text or Snapchat? What if the image gets posted online or to a group message? Suddenly the image has gone viral, and you cannot take it back.

The Alberta Government reports that about 25% of students in grades 7 to 11 in Canada have received or sent a sext. A University of Calgary study reports that 12.5% of teenagers are forwarding intimate photos without the sender's consent.

Is sexting illegal?

Sexting is illegal if you are under 18 and can be illegal if you are 18 or older.

If you are under the age of 18 years, as the sender or recipient, matters are complicated. It is illegal to take or send sexual photos or videos of anyone who is, or is shown to be, under 18 years of age. This is child pornography.

It is also illegal to:

* possess child pornography. This means having or saving images or videos on any device or cloud storage.

* distribute child pornography. This includes sharing or selling to others, such as forwarding through text, email or an app, or posting on the Internet.

* access child pornography. This includes visiting websites with child pornography or causing someone to send you child pornography.

For example, if you are 16 and you send a naked photo of yourself to your boyfriend, you have created and distributed child pornography. If your boyfriend saves the photo to his phone, he possesses child pornography. If he also shares the photo with his friends, he has distributed child pornography.

Prison sentences for making or distributing child pornography are up to 14 years while those for possessing or accessing are up to 10 years. Youth under the age of 18 years old who are charged with a criminal offence are sentenced under the Youth Criminal Justice Act.

Sexting is sending or receiving sexual pictures, messages or videos through technology, such as cell...

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