Criminal Consequences Of Student 'Sexting'

Recent criminal cases and changes to the Criminal Code highlight the consequences that can result from sharing or eliciting 'sexts' from others. These developments suggest that sharing the intimate images of others without consent can lead to serious consequences, including criminal charges.

In a decision dated December 2, 2014 from the Provincial Court of British Columbia, R v SB et al1, three fourteen year olds were found guilty of criminal harassment2 after encouraging female youths to send them sexual images. As the court described,

At times the males were persistent and persuasive in their attempts to elicit photos from the females. At other times the females appear to provide the images more readily. The "chats" by the males to the females were at times immature and demeaning. It is these "chats" which have resulted in the charges presently before the court.3

The accused then shared the pictures with others in a manner described as "similar to the trading of hockey cards".4 A police investigation later revealed that thirty-two female youth and twenty-five male youth were involved in sending and sharing intimate photos to one another.

Initially, the youth were charged with "distributing child pornography", which resulted in national media attention. For a time, the students were known within their schools to be "charged with distributing child pornography and part of a 'child pornography ring'".5

The judge in this case took particular issue with the youths' "persistent and persuasive communication...in an attempt to obtain disclosure of the photos and their distribution without their consent".

Finding the students guilty of criminal harassment, the judge remarked,

I also accept that the distribution of such photos is a common practice amongst youth today in their attempts to learn of and struggle with their own sexuality. This court does not condone, however, the persistent and persuasive efforts, including the use of demeaning language, of these youths to obtain such photos.6

Ultimately, the judge ordered six months of severe restrictions to the students' freedom before they would have their convictions removed from their records. During this six-month period, the students were prohibited from initiating communication with the victims, using electronic devices that could access the internet, and were required to attend counselling, regularly attend school or work, apologize to the victims, and complete twenty hours of community...