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Age of Consent for Sexting Under Australian Law?

Discussion in 'Criminal Law Forum' started by Jamie Vardy, 26 April 2016.

  1. Jamie Vardy

    Jamie Vardy Member

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    Is it illegal under Australian Law to engage in text-based dirty talk between a 17-year-old and an adult? I know that the age of consent is 16 years for most of Australia, but this is not intercourse, it is text of a sexual nature.

    Also, what if the17-year-oldd is in Australia and the adult in question is based overseas. What ramifications for both parties, if any, are there, and how might a complaint proceed?

    Would this be considered child pornography if there are no pictures/audio/video involved?

    Thanks
     
  2. Rod

    Rod Well-Known Member

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    What state are you in?
     
  3. Tim W

    Tim W Lawyer

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    Where one or other participant is under 18,
    then, depending on content and context,
    yes, text messages can be child pornography.

    The Age of Consent is irrelevant.
     
  4. Piers Blomfield

    Piers Blomfield Well-Known Member

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    I once prosecuted a man for the creation and possession of child pornography. The evidence was a diary of his own personal thoughts which when discovered were articulate enough to be considered child pornography.
     

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