Parents worry about many things that their children do, especially if they think their children may unknowingly commit a crime. In a world where pictures are often exchanged via text message, there is a possibility that this could happen when it comes to topless photos — although exceptions may protect romantic couples.
For example, parents are sometimes concerned that a teen daughter may send a topless picture to the guy that she's dating. If she's under 18, would she be prosecuted for spreading child pornography?
Child porn charges can stem from topless pictures of underage individuals, but they typically come about when the pictures are shared with a wide group of people. Couples who just share these photos between themselves are usually protected.
To qualify as an exemption, though, the teens need to be in a relationship where sex itself is legal. Typically, the age of consent in Canada is 16, so, if both teens are 16 or older, this is a legal relationship.
Additionally, teens who are 14 or 15 have the ability to consent to sex with those who are less than five years older. Those who are 12 or 13 can do so with people less than two years older.
Under these laws, a 15-year-old girl who decides to text her 16-year-old boyfriend a topless photo is going to be an exception in most cases, and charges won't be filed. However, charges can still come up if the picture is sent to others outside of the relationship — if the boyfriend decides to text it to his friends, for example.
As a parent, it's very important to know exactly how laws impact your children in the digital age.
Source: Kids Help Phone, "Guest blog: Sexting and the Law in Canada," Dr. Andrea Slane, accessed Nov. 19, 2015
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