What is sexting in Qld?
Sexting can result in serious criminal charges in Qld, particularly when it involves young people or when consent is disputed. If you are accused of sending, receiving, or sharing explicit images, it is essential to understand the law and your rights. Obtaining early legal advice can significantly affect the outcome of your case.
📞 Call (07) 3012 6531 now for strategic advice or fill in our Quick Enquiry form to arrange a free confidential call with our leading Brisbane criminal lawyers.
What is sexting?
Sexting generally refers to creating, sending, or sharing sexually explicit images, videos, or messages through phones, social media, or online platforms. This can include:
taking nude or partially nude photos or videos of yourself or others
receiving or forwarding explicit content
sharing material via messaging apps, email, or cloud storage
While sexting between adults may appear consensual, once an image is shared, control is lost. This can quickly escalate into a criminal investigation if consent, age, or privacy boundaries are crossed.
When is sexting a criminal offence?
In Qld, sexting may amount to a criminal offence if it involves:
possessing, producing, or sharing sexualised images of anyone under 18 (even if consensual or self-generated)
sharing intimate images of adults without consent
threatening to share images to cause fear or distress, even if no image exists
taking or sharing sexual images without consent, including hidden recordings or “upskirting”
Depending on the conduct and ages involved, possible charges 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, a person convicted may also be placed on the Child Protection Offender Register.
How does the prosecution prove sexting?
To prove a sexting, the prosecution must show that:
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 those circumstances
Even if you did not ask for or forward the image, you may still face charges if you keep it or fail to delete it promptly.
How to defend a sexting charge in Qld
Our Brisbane criminal defence lawyers analyse every aspect of the evidence to identify defences and reduce risk. Depending on the circumstances, strategies may include:
Challenging intent or knowledge – proving you did not knowingly possess or share prohibited material
Consent and age verification – establishing that the person depicted was over 18 or consented to the image being shared
Unlawful search or seizure – excluding evidence if police did not have proper authority to access devices
Negotiating to avoid conviction – in some matters, it may be possible to resolve the case with a caution or no-conviction order
You should never forward, save, or screenshot images that may be unlawful. Seek advice immediately before responding to police.
Which court hears sexting charges in Qld?
All sexting-related offences start in the Magistrates Court. More serious cases, such as those involving child exploitation material or multiple victims, may be transferred to the District Court. If you are under 18, your matter will be dealt with in the Children’s Court.
Why early advice matters
Our criminal defence lawyers regularly represent clients investigated under both the Criminal Code 1899 (Qld) and Criminal Code 1995 (Cth) for sexting offences. We prepare written submissions, negotiate with prosecutors, and work towards outcomes such as diversion, cautions, or no-conviction orders where appropriate.
Early advice allows you to make informed decisions, protect your rights, and avoid mistakes that could affect your job, reputation, and future.
Choosing the best criminal defence lawyers in Brisbane
Our criminal defence lawyers appear daily in Brisbane and Qld courts for serious criminal offences. We are available for a confidential discussion about your case. No booking required.
📞 Speak to our leading Brisbane Criminal Lawyers on (07) 3012 6531. You can also request a confidential callback by filling in our Quick Enquiry form, which also includes access to our free guide 16 Things You Need to Do Now if Charged with a Criminal Offence.
The information provided is general in nature and does not constitute legal advice. Please contact our Brisbane criminal lawyers for specific advice about your case.
Last updated November 2025