Is it illegal for a minor to send nudes? Can they be prosecuted when they come of age

AnonymousUser1

I'm studying the topic for a short story that I'm writing and don't wanna spread mis information and finding sources that aren't full of big words and authors tryna sound smart instead of making the point is impossible.

I was lead to believe that if you sent naked pictures of yourself then those pictures could be used against you when you turned 18 to charge you for distribution of child pornography(can't remember when I heard this) Is this a thing or is there no legal backlash for minors sending nudes. I know you can be charged on possession but is that it?

Rmgblue

AnonymousUser1 wrote: »

I'm studying the topic for a short story that I'm writing and don't wanna spread mis information and finding sources that aren't full of big words and authors tryna sound smart instead of making the point is impossible.

I was lead to believe that if you sent naked pictures of yourself then those pictures could be used against you when you turned 18 to charge you for distribution of child pornography(can't remember when I heard this) Is this a thing or is there no legal backlash for minors sending nudes. I know you can be charged on possession but is that it?

My understanding is its distribution of child porn. Distribution of porn isn't a criminal offence. Unless obviously its falls under the new cocos law and constitutes revenge porn?
Maybe I'm wrong though?

Samuel T. Cogley

The child could, in theory, be charged at the time there is no need to wait until they are eighteen. Not a chance the DPP would take such a case though and even if there was some repercussion it would likely be some sort of youth diversion.

GerardKeating

AnonymousUser1 wrote: »

I was lead to believe that if you sent naked pictures of yourself then those pictures could be used against you when you turned 18 to charge you for distribution of child pornography(can't remember when I heard this) Is this a thing or is there no legal backlash for minors sending nudes. I know you can be charged on possession but is that it?

Generally you age at the time of the offense is the only relevant "AGE".

TheValeyard

Samuel T. Cogley wrote: »

The child could, in theory, be charged at the time there is no need to wait until they are eighteen. Not a chance the DPP would take such a case though and even if there was some repercussion it would likely be some sort of youth diversion.

Cases have been taken and according to a guest speaker we had recently there are a small number of individuals in this country on the sex offenders register who are /were minors at the time.

Peregrinus

TheValeyard wrote: »

Cases have been taken and according to a guest speaker we had recently there are a small number of individuals in this country on the sex offenders register who are /were minors at the time.

Are these cases where a minor simply sent a picture of themselves, or where a minor received and retained a picture sent by another minor?

TheValeyard

Peregrinus wrote: »

Are these cases where a minor simply sent a picture of themselves, or where a minor received and retained a picture sent by another minor?

This question was asked we were told
1) an image was found on the minors own phone(stored by WhatsApp camera roll, they thought it was deleted or something like that)

2) a picture was sent to another minor and something happened in a school that Gardai were called and picture was found /discovered / someone informed garda.

Peregrinus

TheValeyard wrote: »

This question was asked we were told
1) an image was found on the minors own phone(stored by WhatsApp camera roll, they thought it was deleted or something like that)

If the picture was stored by WhatsApp then (I think) that indicates that the picture had either been sent or received by the owner of the phone. So this wasn't just a case of a minor who had a naked photograph of themselves on their phone, but of a minor who had shared a naked photograph of themselves.

Sharing a naked photograph of a minor is an offence, and it doesn't cease to be an offence if you're the minor and you share it yourself. But I think a certain degree of prosecutorial discretion might be exercised if, e.g., a minor boyfriend and girlfriend exchange intimate photographs.

TheValeyard wrote: »

2) a picture was sent to another minor and something happened in a school that Gardai were called and picture was found /discovered / someone informed garda.

Again, we're obviously looking at sharing here, and it sounds as though the photograph was shared to more than one person. And it this case it's not clear if the minor prosecuted was the minor who produced the photograph, or the minor who received it and (possibly?) shared it with or showed it to others.

There is an analogy with other, long-standing child sexual offences. It is an offence for a minor boyfriend and girlfriend to have sex, but the usual policy is not to prosecute unless there are other factors present (such as a lack of consent).

TheValeyard

To be a teenager is a much bigger minefield today than when I was that age!