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03-Jul-2014 04:20

The local police do NOT need to get this permission before charging you under similar state and territory laws, so be sure to check out the laws that apply to you on Lawstuff.Asking for, taking, posting or sending a nude/sexy image of a young person can also be illegal if it’s considered “indecent”.Even in states and territories where there is no specific law about taking photos or videos of private parts or activities, there are other laws that can apply.For example, every state and territory has laws against stalking.Private activities normally include things like undressing, using the toilet, showering or bathing, or doing a sexual act in a place where a typical person would expect privacy.The laws ban things like “upskirting” (snapping a photo up somebody’s skirt without their permission) and setting up cameras in changing rooms or bedrooms.For example, in August 2013, two young ADF cadets were found guilty of using the internet in a harassing and offensive way after one of them live streamed himself having sex with another teenage cadet (without her knowledge or permission) so his friends could watch through Skype.The maximum penalty for this crime is up to 3 years in jail.

Under the law, private parts include a person’s genital or anal area (even when covered by undies, in some cases).

Publishing an image like this could also be considered defamation.

Defamation happens when someone hurts another person’s reputation by spreading false or humiliating material about them.

This page explains the laws that apply when you use the photo or recording functions on your phone.

It also explains what you can do to stay out of trouble and your options if someone has an inappropriate photo or video of you.

It’s NEVER ok to take (or post/send/keep) an image of someone under 18: · showing their private parts (genitals, anus or breasts) for a sexual purpose; · posing in a sexual way; · doing a sexual act; or · in the presence of someone who is doing a sexual act or pose.



Lastly, the new law only applies to minors and teenagers who are 18 and are caught sexting with a minor can still be charged under the State’s child pornography laws, and the law only covers nude images, images of minors engaged in sexual conduct or sexual excitement are not covered and minors can still be charged under the State’s child pornography laws if such images are possessed, distributed or created.… continue reading »


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