Taking, sending, receiving or saving sexual images can have serious legal consequences, especially if anyone involved is under 18. In the following article, Moin Morris Schaefer explains what the law says and how to help your kids stay safe.
For many young people, sending selfies or private photos seems like a normal part of growing up. What they often don’t realise is how such sharing can have a permanent impact on their lives.
“The Internet’s not written in pencil; it’s written in ink.” – The Social Network (2010)
At Moin Morris Schaefer, we often see the confusion sharing images creates and, in some cases, just how serious the consequences can be. Parents aren’t sure what’s legal, teenagers don’t understand the risks, and schools are left managing the fallout.
What the law actually says
In Australia, it’s a criminal offence to share or request explicit or sexual material of anyone under 18 years of age.
This includes photos, videos or digital images that show a person under 18 in a sexual way, or that have been digitally altered to appear that way. It can also include drawings, animations or edited images that make a young person look naked or engaged in sexual activity.
In New South Wales, child abuse material laws apply to images of anyone under 18, or anyone who appears to be under 18, as outlined in section 91FA of the Crimes Act.
Consent in relation to intimate images and recordings applies to persons under 16 years of age, who cannot legally provide their consent (s91O).
The penalties are severe, with a maximum sentence of up to 15 years in prison for making, sending or possessing such material.
What many people don’t realise is that these laws can also apply to young people themselves.
For example:
- Creating a sexual image of yourself, even if you don’t share it, can technically be an offence.
- Saving or forwarding a sexual photo of someone under 18 is considered possessing child abuse material.
- Asking someone for a sexual image can also be illegal, even if you genuinely believed they were over 18.
The legislation is designed to protect young people, but it can also mean that seemingly harmless behaviour between teenagers leads to serious consequences.
Common scenarios
- You’re 16 and your partner asks for a nude photo, and you send one to them – illegal
- You receive a sexual photo of someone who looks under 18 and save it – illegal
- You ask someone online for a sexual image, believing they’re 18, but they’re actually 17 – illegal
- You’re 16 and take a sexual photo of yourself, even if you don’t share it – it’s still illegal
These are just a few examples – there are many others.
The key takeaway?
Think before you hit send or save
The legal consequences of being charged with an offence like this can be life-changing. In some cases, a young person could end up listed on the sex offenders register – something that can affect future employment, study and travel opportunities.
The emotional and social impacts can be just as serious. What might have seemed like a private moment or a harmless message can quickly spiral with devastating implications.
The second an image is shared, it’s no longer in your control.
When a photo becomes a crime
Consider these two cases:
In September 2025, a 26-year-old Sydney man who pretended to be a teenage boy to trick girls aged 13-16 into sending sexually explicit images and extorting them for more content was sentenced to four years and six months’ imprisonment, with a non-parole period of two years. (AFP)
In 2017, a 16-year-old boy in South Australia took photographs of his own genitals and sent them to his then-girlfriend. After their relationship ended, she posted one of the images on Instagram. The youth court found him guilty of two counts of producing child exploitation material. He was placed on a 12-month supervised obligation order. (ABC)
It’s crucial to protect our young people by teaching them the importance of never sending or requesting explicit images – no matter who’s asking for them.
How to talk to your kids about digital safety
Conversations about digital safety don’t have to be awkward. Try to see things from your child’s perspective and understand the pressures they might be facing.
The most effective approach is to be calm, open and non-judgemental. If you’re not sure where to begin, start small: a chat in the car, while cooking dinner, or on a walk.
Little conversations often lead to big understanding.
Encourage your kids to think critically, and emphasise that real respect means never pressuring someone for explicit images, and that protecting their privacy is part of protecting themselves.
Try asking gentle questions rather than giving lectures. For example: “What would you do if someone asked you to send them an explicit photo?”
A message for parents and educators
It’s more important than ever to talk openly about consent, respect and privacy in the digital age. Parents, teachers and community leaders all play a role in helping young people navigate the realities of online behaviour.
Start the conversation early, and keep it going.
If a young person becomes involved in a situation involving explicit images, seeking legal advice early is crucial.
We can help
At Moin Morris Schaefer, we’re here to help families and individuals navigate these sensitive issues. If you have questions or concerns about sexting, privacy or youth offences, our team can provide practical, confidential support.
Armidale Office: (02) 6772 4899
Bellingen Office: (02) 6655 1121
Further reading:
eSafety Commissioner – Sending Nudes and Sexting
This article contains general information only and is not intended to be legal advice.
