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Abstract

Sexting – the electronic communication of non-professional images or videos portraying one or more persons in a state of nudity or otherwise in a sexual manner – has serious legal implications. For example, where the content portrays a person who is underage, the sender, receiver and any intermediary involved in the communication can be charged with child pornography offences under current Australian criminal law. In addition, sexting can give rise to other actions under criminal law, as well as a host of actions under civil law. This article describes sexting as a four-step process and seeks to identify the areas of law affect sexting.

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