An Essex man has become the first person in England and Wales convicted of the new offence of cyberflashing.
Cyberflashing is the thoroughly unpleasant act of sending a photograph or film of genitals, with the intention, or reckless outcome, of causing upset to the recipient. The legislation is written in such a way that the offence can be committed by sending electronic or physical images to recipient.
Today I thought I would take a whistle-stop tour of the new legislation.
Section 66A(1) of the Sexual Offences Act 2003, as introduced by section 187 of the Online Safety Act 2023, makes it an offence for a person (A) to intentionally send or give a photograph or film of any person's genitals to another person (B), if:
(a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or
(b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation.
Subsection (2) states that references to sending or giving such a photograph or film to another person include, in particular:
(a) sending it to another person by any means, electronically or otherwise,
(b) showing it to another person, and
(c) placing it for a particular person to find.
Subsection (3) defines "photograph" as including the negative and positive version of an image.
Subsection (4) defines "film" as a moving image.
Subsection (5) clarifies that references to a photograph or film also include:
(a) an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film,
(b) a copy of a photograph, film or image within paragraph (a), and
(c) data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a).
Subsection (6) states that the maximum penalty on conviction of an offence under this section is 26 weeks' custody and/or an unlimited fine on summary conviction; 2 years' custody on conviction on indictment.
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