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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?
     
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  3. Tim W

    Tim W Lawyer
    LawTap Verified 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.
     
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  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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