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What is Cyberflashing?

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Cyberflashing became a crime on 31st January 2024 as one of the new offences introduced by the Online Safety Act 2023. The guidelines published by the Crown Prosecution Service illustrate that it is a serious offence which carries severe punishments.

With a third of women reporting that they had been victims of cyberflashing in 2022, there was strong public demand for this conduct to be criminalised. However, as a brand new offence, we understand that you may have a lot of questions – what is cyberflashing? How is it committed? What defences are there?

Here at JD Spicer Zeb, we have put together a short article to help you find the answers to your questions. While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support with allegations of a cyberflashing offence, then please get in touch and our team can advise you.

What is Cyberflashing?

Cyberflashing is a brand-new sexual offence which was created by the Online Safety Act 2023 to criminalise certain instances of online non-consensual sexual behaviour. It is contained in section 66A of the Sexual Offences Act 2003, and is committed where:

  1. A intentionally sends or gives a photograph or film of any person’s genitals to B; and
  2. Either:
    1. A intends that B will see the genitals and be caused alarm, distress, or humiliation;    OR
    2. A does so for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress, or humiliation.

Is Cyberflashing a Purely Online Offence?

Whilst the offence was introduced to tackle the rising incidence of sexual misconduct online, the offence does not just cover behaviour on the internet.

Rather, a person can commit the offence of cyberflashing by sending or giving the photograph or film by any means, including:

  • Sending the photograph or film to someone electronically

    e.g. by using social media, dating apps, Bluetooth, and AirDrop
     
  • Showing the photograph or film to someone in-person

    e.g. by displaying it on a device or exhibiting a physical photograph
     
  • Placing a photograph or film somewhere for someone particular to find

    e.g. by posting a photograph through someone’s letterbox

Is Cyberflashing the Same as Indecent Exposure?

Cyberflashing is a separate offence to indecent exposure. Indecent exposure is an offence under section 66 of the Sexual Offences Act 2003, and is committed where:

  1. A intentionally exposes their genitals; and
  2. A intends that someone will see them and be caused alarm or distress.

Thus, there are 3 key differences between cyberflashing and indecent exposure:

  1. Cyberflashing involves the sending or giving of photographs or films of genitalia, whereas indecent exposure involves in-person exposure of genitalia.
  2. Cyberflashing may be committed where there is an intention to cause alarm, distress, or humiliation, whereas indecent exposure may only be committed where there is an intention to cause alarm or distress.
  3. Cyberflashing may be committed where the act is done for the purpose of obtaining sexual gratification, whereas indecent exposure may not.

How Often will Cyberflashing be Prosecuted?

Despite only coming into force on 31st January 2024, the first conviction for cyberflashing took place in February 2024. The 39-year-old man from Basildon sent unsolicited photos of his erect penis to a 15-year-old girl and a woman via WhatsApp. On 19th March 2024, he was sentenced to a total of 66 weeks in prison.

The Crown Prosecution Service have declared a commitment to prosecuting those who engage in cyberflashing now that the new law in place. Siobhan Blake, the Deputy National Lead on Rape and Serious Sexual Offences, stated that the Crown Prosecution Service are ‘ready and committed to tackling this unacceptable behaviour’, and ‘will work with police to build strong cases against offenders who use technology to harass, distress and abuse victims for their own pleasure’.

What is the Punishment for Cyberflashing?

Individuals who are convicted of cyberflashing could face up to two years in prison.

Further, offenders could be placed on the Sex Offenders Register, and be made subject to a Sexual Harm Prevention Order.

However, a person found guilty of cyberflashing will not automatically be placed on the Sex Offenders Register. This will only occur in certain cases, such as where:

  1. the offence is committed against a child under the age of 18; or
  2. the offender receives a prison sentence; or
  3. the offender receives a community order of at least 12 months.

Are You Being Accused of Cyberflashing?

Being accused of cyberflashing can be extremely distressing, particularly as a charge could potentially result in a prison sentence or inclusion on the sex offenders register. To ensure you have the best possible chance of achieving a positive outcome for your case, it is vital that you have the support and representation from solicitors specialising in handling sexual offences.

At J D Spicer Zeb, our solicitors understanding exactly what it required to build the strongest possible defence against these types of allegations. We can provide robust defence and close personal support, ensuring that you understand what steps need to be taken to achieve the best possible outcome in your cyberflashing case. Depending on the circumstances, this could mean having charges dropped altogether, or minimising the sentence where conviction is unavoidable.

We are highly skilled at collecting and presenting the various types of evidence that are relied on in cases of this nature, including both digital evidence and witness testimony. We will be able to clearly identify and flaws in the case against you and make sure that evidence which supports your case is clearly presented.

We have over 45 years of experience in dealing with criminal law matters and have also been accredited by the Law Society for Criminal Litigation. Our experience means that we have a strong track record of success for our clients, and it has helped us to build close relationships with many of the country’s leading criminal defence barristers.

If you are facing a cyberflashing charge, we are here to provide you with the support you need.

Related Matters:

We also provide support and guidance on various other sexual offences, including:

Fees and Funding

We will always be clear about the fees related to your case. If you need to attend court in relation to a cyberflashing charge, you may be able to get Legal Aid funding to cover some or all of your defence costs. Exactly how much financial assistance you may be eligible to receive and how you should apply for this will depend on which type of court you are prosecuted in.

If you do need to meet some or all of the cost of your legal defence, or if you wish to pay for our premium private service, we will clearly explain all of the costs involved and our fee structures. It is worth remembering that you may be able to recover some of your privately-paid legal costs if you are found not guilty in your cyberflashing case.

Please get in touch to discuss our criminal defence fees, or to find out more about the way we handle fees (both Legal Aid funding and private fees) for cyberflashing charges, please use the links provide below:

Contact our Cyberflashing Defence Lawyers Today

If you are due to attend the police station, require any urgent specialist advice, or immediate representation for cyberflashing, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

24/7 Legal Representation for Cyberflashing

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for cyberflashing.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number at 07836 577 556.