This depends on what is being sent, who is sending it, who they are sending it to, the content and the intention of the person sending it.
Sexting can be considered a crime under child pornography laws if it involves a person under the age of 18. Child pornography laws can apply to asking for a nude photo, taking one, sending one or keeping a copy of one.
In Tasmania, young people are not likely to be charged with a crime for consensual texting (where the young people involved have agreed and shared the media). This is because:
- National pornography law cannot be used against people under 18 without the permission of the Attorney General.
- Tasmanian child pornography and indecency laws do not apply to pictures of lawful sexual acts (such as consensual acts between young people who are close in age) and
- Tasmanian Police have a policy against laying charges against young people for consensual sexting.
When there is a big difference between two people who are sexting, it’s more likely to be a crime.
If you send an uninvited or unwanted naked selfie or naked video to someone, this could be a form of sexual harassment.
If you send material with the intention to menace, harass or cause harm, this could a be crime.
For further information see Law Stuff (Tasmania).