Is it Illegal to Send Unsolicited Pictures in the UK?
Within the UK, changes to the law regarding unsolicited pictures such as “dick pics” are being considered in order to deter those sending them without the consent of the receiver.
In Brief
Sending unsolicited sexual images (commonly known as "cyber flashing" or "dick pics") is a criminal offence in England and Wales. While previously handled under general harassment or malicious communication laws, the Online Safety Act 2023 introduced a specific offence for cyber flashing. Individuals found guilty of sending such images without consent, and with the intent to cause alarm or distress, can face a maximum sentence of two years' imprisonment.
The Cyber Flashing Offence: Under the new legislation, sending a photograph or film of a person's genitals is illegal if the sender intends that the recipient will see it and be caused alarm, distress, or humiliation.
Malicious Communications & Harassment: Even outside the specific cyber flashing statute, sending unsolicited indecent images can be prosecuted under the Malicious Communications Act 1988 or the Protection from Harassment Act 1997 if the behavior is repeated or intended to cause anxiety.
Impact on Minors: Sending unsolicited sexual images to a person under 18 is a severe criminal offence that can lead to charges of indecent images of children or grooming, carrying much heavier prison sentences and placement on the Sex Offenders Register.
Artistic vs. Criminal Context: Consensual "sexting" between adults remains legal. The law specifically targets the lack of consent and the intent to distress the recipient.
Consequences of Conviction: Beyond a potential two-year prison sentence, a conviction for sending unsolicited images can result in permanent criminal records, impacting employment opportunities and social standing.
Legal Defence: Key defences often involve demonstrating that the communication was consensual (e.g., within an established relationship) or that there was no intent to cause the recipient distress or alarm.
Unsolicited pictures within sexting, unwanted pics, cyber flashing and all other manner of indecent images sent without the consent of the receiver have the potential to make people feel unsafe and disturbed. Despite there being laws against public indecency in the UK, there are currently no laws preventing people from sharing sexual images online to people who did not consent to them.
The proposed Online Safety Bill would introduce more serious consequences for people sending unsolicited images online. This bill could allow judges to sentence individuals guilty of cyber flashing to up to two years in prison, the same sentence as given to those committing public indecency.
Unsolicited dick pics
There have been many studies regarding the frequency of unsolicited picks being sent to people across the UK. Unfortunately, these studies have revealed that the likelihood a woman will receive an unsolicited dick pick in her lifetime is incredibly high.
A study at Cosmopolitan reports that 41% of millennial women have received unsolicited pics, and according to Professor Jessica Ringrose research, over 76% of girls between the ages of 12-18 have received unsolicited nude images.
These unsolicited pics are often sent through anonymous online chat rooms, social media, and even using features like airdrop to deliver these images to unsuspecting victims. Receiving these unsolicited images can be incredibly damaging and cause people to feel unsafe, embarrassed, and distressed.
Currently, there are no laws preventing people from sending unsolicited pics. Whereas an individual who exposed their genitals in public places like a park or on a bus would be liable for up to two years in prison, being sent online images without consent is not an offence.
However, amends to the laws are being discussed. The Online Safety Bill aims to reduce the number of people online who feel like it’s okay to send unsolicited images by increasing the severity of the consequences. It is likely that cyber flashing will soon be considered an offence and those found guilty may be sentenced to a maximum of two years in prison.
Is sending an unsolicited picture considered a crime in the UK?
It’s important to understand that it is not a criminal offence to send an unsolicited image. However, if you repeatedly send unsolicited images after the recipient has expressed their distress, fear or discomfort, you may be investigated. This can lead to the offender being charged with harassment.
Additionally, messages and images that are indecent, menacing or crude can be considered an offence under the terms of the Malicious Communications Act. Because of this, sending unsolicited sexual images that may be categorised as indecent can be used as a reason to press charges.
If you are being charged with an offence after sending unsolicited images, contact our expert criminal defence solicitors for advice and support going forward.
Are there other forms of unsolicited images that are illegal in the UK?
Since the introduction of the internet, the possibility of receiving a dick pic or other forms of unsolicited images has risen massively. With the anonymity that the internet can provide, individuals often feel confident doing things which they would not in public.
For instance, sending a sexual image without consent when they would not expose themselves to a stranger on the street.
Within the UK, there are already a number of online acts that are considered an offence, including upskirting and revenge porn. These acts are considered dangerous and threatening when done without consent between adults. However, some forms of unsolicited images are not yet considered illegal in the UK.
Below we will discuss different forms of unsolicited images, what makes them so damaging and whether or not they are considered illegal under the current laws.
Upskirting
Upskirting is when an individual attempts to take explicit photos of someone without their consent. This typically refers to someone attempting to take a picture under someone’s clothes without their knowledge or permission.
Individuals who commit upskirting generally aim to cause humiliation, emotional distress, or gain sexual gratification from the act. This is understandably very upsetting for those involved, which is why the introduction of The Voyeurism Act is so important.
As upskirting can occur between strangers, acquaintances, or even people that you may trust, it often leads to the victims feeling unsafe and deeply uncomfortable both during and after the event.
Because of this, upskirting has been illegal since April 2019 and offenders can receive a two-year prison sentence as well as being placed on the Sex Offenders Register.
Revenge porn
In another example, revenge porn became illegal in 2015. This is where an individual would share pornographic images and videos of another person online in an act of revenge. Typically, this is done by an ex-partner, but can also be the result of the breakdown of a friendship or malice. In all of these instances, no consent is given for the images and videos to be distributed.
Revenge porn can massively damage an individual’s reputation and impact their mental health. It can affect not only the victim, but their family, career and feelings of self-worth.
Unlike some of the more subjective examples in this list, revenge porn is clearly a breach of trust and committing this crime can result in community service or up to 2 years of imprisonment.
Sexting
Sexing is incredibly common. Considering the increase in the number of online dating apps and the restrictions of the COVID-19 pandemic making long-distance relationships much more common, it is easy to see how sexting has grown in popularity.
Sexting involves the exchange of sexual messages and images between two consenting adults. This form of sexting is not illegal.
However, in instances where explicit, unsolicited messages and images are being reputedly sent to an individual, it can be considered harassment. Additionally, if minors are involved there will likely be legal consequences to sexting.
Sexting is considered illegal when:
- A sexual image of an adult is sent to another adult without their consent.
- It is sexual harassment or blackmail between two adults.
- Explicit images or messages are sent from an adult to a child.
- Images of a sexual nature are taken of a child and sent to either a child or an adult.
- A child taking an image of themselves and sending it to another person.
- Receiving a sexual image of a child.
Sexting is not considered a sexual offence when:
- It is consensual between two adults.
Cyber flashing
Cyber flashing is a term that is used to refer to sending explicit images without consent. This includes sending dick picks, pictures obtained from upskirting and any other form of inappropriate images sent to an individual without their consent.
Like the examples listed above, cyber flashing is deemed inappropriate, damaging, and a breach of trust. It can make victims feel incredibly uncomfortable but is not yet considered an offence.
The government is, however, moving to criminalise cyber flashing within England and Wales, and will potentially be introducing a two-year prison sentence for the offence.
Frequently asked questions regarding unsolicited pictures in the UK…
Is it illegal to send a dick pic in the UK?
For two consenting adults, receiving or sending a pic is not illegal and will not be considered a sexual offence. However, being repeatedly sent inappropriate and unsolicited images can be considered harassment, which is an offence in its own right.
The Online Safety Bill, if adopted into law, may soon also make it an offence to send unsolicited images like dick pics.
Is it illegal to send unsolicited pictures to a minor?
Yes, it is a criminal offence to distribute unsolicited images to a minor.
You can also face a prison sentence and hefty fines for possessing or taking any sort of unsolicited picture of an individual under the age of 18. This includes minors taking and distributing images of themselves, although the consequences for that would most likely be handled by Social Services instead of with a prison sentence.
Can you go to jail for sending unsolicited pictures in the UK?
Presently, you will not be sent to jail for sending unsolicited pictures in the UK. However, this may change in the near future with a potential two years in prison for the offender, depending on the severity of the situation.
Is sending unsolicited picture harassment?
Receiving unsolicited pictures can be considered harassment, especially if they are being sent repeatedly and are disturbing and upsetting to the receiver.
It is important to note the images sent between two consenting adults will not be considered a crime or harassment.
Contact our sexual offences lawyers today
For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of sending unsolicited pictures, or sending inappropriate pictures to a minor, please do not hesitate to get in touch.
You can contact our dedicated sexual offence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
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- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the city)
- Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.
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The Lucy Faithfull Foundation
If you are a victim of child sexual abuse or at risk of offending, please contact the Lucy Faithfull Foundation for advice.