Teen boy sends nude pic to girl. What law has he broken?
Discussion
A teen boy sent a nude selfie to a girl, (which apparently she forwarded to others), and now has a police record. Apparently, the picture was considered indecent. Now, having been a naturist for many years, I’m reasonably conversant with the nude people issues, and thus I, and of course all naturists, wouldn’t consider a picture of a nude person indecent. I’m reasonably confident that just a nude picture actually isn’t considered indecent legally as well. So what’s going on here. And what are the learned opinions of the wise men of PH on this issue.
http://www.bbc.co.uk/news/uk-34142241
British Naturism publishes a guide, it’s here:-
http://www.bn.org.uk/community/files/file/669-publ...
Click on the download button at the top of the page.
PS. Wish I’d had such facilities when I was a teenager !!!!!
http://www.bbc.co.uk/news/uk-34142241
British Naturism publishes a guide, it’s here:-
http://www.bn.org.uk/community/files/file/669-publ...
Click on the download button at the top of the page.
PS. Wish I’d had such facilities when I was a teenager !!!!!
HantsRat said:
robinessex said:
I’m reasonably confident that just a nude picture actually isn’t considered indecent legally as well.
Well it is if it's of a child! As it was in this case. Do you think if you had nude photos of children (under 18's) on your computer it wouldn't be illegal? Devil2575 said:
I'm no Columbo but it didn't take me long to find out what law he has broken...
A boy who sent a naked photograph of himself to a girl at school has had the crime of making and distributing indecent images
Can you show me the legal reference to that then ? The law says INDECENT. Nudity pre se isn't indecent.A boy who sent a naked photograph of himself to a girl at school has had the crime of making and distributing indecent images
Edited by robinessex on Friday 4th September 13:35
Devil2575 said:
robinessex said:
Devil2575 said:
I'm no Columbo but it didn't take me long to find out what law he has broken...
A boy who sent a naked photograph of himself to a girl at school has had the crime of making and distributing indecent images
Can you show me the legal reference to that then ? The law says INDECENT. Nudity pre se isn't indecent.A boy who sent a naked photograph of himself to a girl at school has had the crime of making and distributing indecent images
Edited by robinessex on Friday 4th September 13:35
Bigends said:
This is nothing new - weve been recording these offences for years. Its an offence to distribute an indecent photo of a child ( under 18yrs of age) -simple as that.
Its a state offence-doesnt need a complainant and these are usually discovered as in this case, by schools, or parents checking phones - the state says its unacceptable to send such images by phone, online etc. Cant remember the last one that was prosecuted - theyre recorded because the current recording rules state we have to.
Such records dont necessarily criminalise the sender, arent recorded on PNC as a conviction (unless prosecuted) and neednt be disclosed by the sender at a later time.
The current law needs overhauling to take into account introduction of social media and the fact this stuff is now apparently accepted as the norm by many youngsters now
I'll ask again. What's indecent ?Its a state offence-doesnt need a complainant and these are usually discovered as in this case, by schools, or parents checking phones - the state says its unacceptable to send such images by phone, online etc. Cant remember the last one that was prosecuted - theyre recorded because the current recording rules state we have to.
Such records dont necessarily criminalise the sender, arent recorded on PNC as a conviction (unless prosecuted) and neednt be disclosed by the sender at a later time.
The current law needs overhauling to take into account introduction of social media and the fact this stuff is now apparently accepted as the norm by many youngsters now
Bigends said:
Aretnap said:
Context is important too. If a picture of my two year old in the bath was found in my collection of family photos I don't imagine anyone would bat an eyelid, let alone judge it indecent. But if it was found in my porn collection...?
Similarly the context in which the boy sent nude pictures to the girl (which we dn't know, but can speculate on) matters.
Context is unimportant in relation to recording this offence. It may count towards him not being prosecuted - if he sends her a photo via phone or online of himself naked - showing his bits and pieces then its an indecent image of a child and it gets recorded accordingly.Similarly the context in which the boy sent nude pictures to the girl (which we dn't know, but can speculate on) matters.
Bigends said:
robinessex said:
Bigends said:
Aretnap said:
Context is important too. If a picture of my two year old in the bath was found in my collection of family photos I don't imagine anyone would bat an eyelid, let alone judge it indecent. But if it was found in my porn collection...?
Similarly the context in which the boy sent nude pictures to the girl (which we dn't know, but can speculate on) matters.
Context is unimportant in relation to recording this offence. It may count towards him not being prosecuted - if he sends her a photo via phone or online of himself naked - showing his bits and pieces then its an indecent image of a child and it gets recorded accordingly.Similarly the context in which the boy sent nude pictures to the girl (which we dn't know, but can speculate on) matters.
robin
If it helps, When i worked in a camera the highlight of the year were the 'holiday'snaps.
We checked them 'just in case'
The lab didnt print or send out the hard core ones
BUT the rule was
Flaccid OK
Erect Nono
Open legs OK
Open legs and hand involved Nono
Genitals in close proximiy even if flaccid male NoNo
HTH And NO there are no examples
That's a pretty accurate statement. In the days when naturists used to take their holiday snaps to Boots, that criteria was applied, and I've never heard of any prosecutons resulting. naturist style pics were accepted for what they were, and no age criteria was ever applied. I rummaged in my old photo box last night, and found quite a few pictues of pictures of me, my sister, and quite a few cousins playing in the seaside edge, all of us starkers, when we were kids.
Bigends said:
robinessex said:
The public hasn't been informed of the nature of the pics, so we've no information to judge them, and the case has NOT been subjected to legal action in the courts. Thus it's not been shown/prooved that they are indecent.
Public dont need to know. Police not taking action against the boy, Read my first post - these jobs are two a penny - we record these incidents every day - its just the papers got hold of this one and made a story out of a non story. We're obliged to record these when they get reported. If all of the picture taking and contact between the various parties is consensual - the job gets recorded and closed straight offBigends said:
robinessex said:
Bigends said:
robinessex said:
The public hasn't been informed of the nature of the pics, so we've no information to judge them, and the case has NOT been subjected to legal action in the courts. Thus it's not been shown/prooved that they are indecent.
Public dont need to know. Police not taking action against the boy, Read my first post - these jobs are two a penny - we record these incidents every day - its just the papers got hold of this one and made a story out of a non story. We're obliged to record these when they get reported. If all of the picture taking and contact between the various parties is consensual - the job gets recorded and closed straight offEdited by Bigends on Saturday 5th September 18:23
fidzer said:
In Scotland it would be dealt with under the Sexual Offences (Scotland) Act 2009 - Section 6
Section 6 – Coercing a Person into Looking at a Sexual Image
This section creates the offence of “coercing a person into looking at a sexual image”. An offence is committed if a person intentionally (and for the purpose of obtaining sexual gratification or for the purpose of humiliating, distressing or alarming the victim) causes the victim to look at a sexual image. The offence is only committed if the victim did not consent to looking at the image and the accused had no reasonable belief that the victim so consented. Furthermore, the accused does not commit the offence if he or she had intended to direct or send the image to someone other than the person who saw it (e.g. by email).
A “sexual image” is an image of a person, whether real or imaginary, engaging in a sexual activity or an image of the genitals of a person, whether real or imaginary.
Cases involving an older child - (13-15) Section 33
Section 33 Causing an Older Child to Look at a Sexual Image
Section 33 creates the offence of “causing an older child to look at a sexual image.” The offences created by sections 23 and 33 are identical other than the fact that Section 33 can only be committed by a person aged 16 or over.
The offence is committed if a person intentionally causes a young child/older child to look at a sexual image if the perpetrator acts for the purpose of obtaining sexual gratification or to humiliate, distress or alarm the young child/older child.
A “sexual image” is an image of a person, whether real or imaginary, engaging in a sexual activity or an image of the genitals of a person, whether real or imaginary.
What's a sexual image then?Section 6 – Coercing a Person into Looking at a Sexual Image
This section creates the offence of “coercing a person into looking at a sexual image”. An offence is committed if a person intentionally (and for the purpose of obtaining sexual gratification or for the purpose of humiliating, distressing or alarming the victim) causes the victim to look at a sexual image. The offence is only committed if the victim did not consent to looking at the image and the accused had no reasonable belief that the victim so consented. Furthermore, the accused does not commit the offence if he or she had intended to direct or send the image to someone other than the person who saw it (e.g. by email).
A “sexual image” is an image of a person, whether real or imaginary, engaging in a sexual activity or an image of the genitals of a person, whether real or imaginary.
Cases involving an older child - (13-15) Section 33
Section 33 Causing an Older Child to Look at a Sexual Image
Section 33 creates the offence of “causing an older child to look at a sexual image.” The offences created by sections 23 and 33 are identical other than the fact that Section 33 can only be committed by a person aged 16 or over.
The offence is committed if a person intentionally causes a young child/older child to look at a sexual image if the perpetrator acts for the purpose of obtaining sexual gratification or to humiliate, distress or alarm the young child/older child.
A “sexual image” is an image of a person, whether real or imaginary, engaging in a sexual activity or an image of the genitals of a person, whether real or imaginary.
Edited by fidzer on Saturday 5th September 18:46
Edited by fidzer on Saturday 5th September 18:49
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff