This video is to talk about Sexting. Do you know what sexting is?

Sexting means sending or receiving a sexual message or picture of yourself or another person on your mobile phone to another person. A Sexual picture can be of you or other people having sex, or a picture of your or another person’s breasts, penis or another part of the body.

Sexting is becoming quite common, and there are a few things to be aware of.

Did you know that in NSW, you are a child until you turn 16 and you have to be 16 to have sex legally?  In Australia under a law called the Commonwealth Criminal Code, you are a child until you turn 18.

So what does that have to do with sexting?

If you are under 18 and you take a photo of yourself while naked and send it to your friend or boyfriend/girlfriend, you could be charged with production and distribution of child pornography because you are still considered a child under Commonwealth law.

There are two laws, NSW law and the Commonwealth law. You must follow both laws but the Commonwealth law is stronger than the NSW law.

Another thing that is really important to remember, if you take a photo and send it to someone- they could be charged with possession of child pornography because you are under 18. The person sending the photo and the person receiving the photo both can be charged.  If you receive a sexual picture you could be charged with possession of child pornography regardless of whether you asked for the photo or not. If you have it on your phone- then you can be charged. It’s best to delete it straight away and tell that person that you do not want to see any pictures like that.

Things that can happen if you are charged include getting in trouble, going to court and having a criminal record and there is a possibility of you being placed on a Sex Offenders Register. This can affect your career and travel goals, and you will be required to report to police, update them of any changes of address and be monitored by the police.

One last thing, remember that you have to abide by NSW law and Federal law. So for example, if you are 16 or 17, you are legally allowed to have sex in NSW but if you take photos or film yourself, you can get in trouble under Australian law because you are under 18.