Sexting Charges in Queensland – What You Need to Know
Sexting may seem like a private or personal act, but under Queensland law, it can carry serious criminal consequences especially where young people are involved or consent is unclear. Whether you have been accused of sending, possessing, or sharing sexual images, it is important to understand your rights, the law, and how to protect yourself. Early legal advice can make a real difference.
What is Sexting?
Sexting generally refers to the creation, sending, or sharing of sexually explicit photos, videos, or messages via mobile phone, social media, or online platforms. This can include:
Taking nude or partially nude images or videos of yourself or others
Receiving or forwarding explicit content
Sharing content via messaging apps, email, cloud storage, or social media
While it may be seen as consensual flirting between adults, once an image is shared, control is often lost, and the legal risk can escalate quickly.
Penalties and consequences
In Queensland, sexting becomes a criminal offence in several key situations, including:
Possessing, producing or sharing sexualised images of anyone under 18 (even if consensual or self-generated)
Sharing intimate images of adults without their consent
Threatening to share images to cause fear or distress, even if the image does not exist
Taking or sharing sexual images without consent, including so-called “upskirting” or hidden recordings
Depending on the age of the people involved and the conduct, charges may include:
Possession or distribution of child exploitation material – up to 14 years imprisonment
Observations or recordings in breach of privacy – up to 2 years imprisonment
Distributing or threatening to share intimate images without consent – up to 3 years imprisonment
In some cases, those convicted may be placed on the Child Protection Offender Register.
Key elements
To prove an offence, some common elements the prosecution will need to prove include:
The material was sexual or intimate in nature
The person depicted was under 18 or did not consent
You created, possessed, shared, or threatened to share the image
You knew or should reasonably have known about the circumstances
Even if you did not ask for the image or did not forward it, you may still face charges if you keep it or fail to delete it promptly.
Strategies to defend against a sexting offence
If you are being investigated or charged in relation to sexting:
Do not forward, screenshot or save any images that may be illegal
Delete any unlawful material immediately, especially if sent without your consent
Avoid communicating with the complainant or others involved until you get legal advice
Document and preserve any relevant messages or context as this may assist in your defence
Get legal advice early to assess the charges and potential consequences
Legal process
If police contact you about a sexting offence, they may request an interview, issue a notice to appear, or apply for your devices to be searched. You may be charged with offences under the Criminal Code Act 1899 (Qld) or Criminal Code 1995 (Cth).
If you are under 18, your matter may be dealt with in the Children’s Court, but serious charges may proceed in the District or Supreme Court. It may be possible to resolve a matter without a conviction, especially with early intervention and advice.
Speak to a Brisbane Criminal Lawyer Today
If you are facing a sexting charge, or are worried about an image being shared, our experienced team is here to help.
Call (07) 3012 6531 for a free 15-minute phone consultation with an experienced criminal defence lawyer.
© 2025 All articles on our website are for general information only and are not legal advice. If you are facing charges or need legal advice about your specific situation, our experienced criminal defence lawyers are available now.