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ARTICLE · 01 OCTOBER 2015

Criminal Consequences Of Student "Sexting"

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Recent criminal cases and changes to the Criminal Code highlight the consequences that can result from sharing or eliciting 'sexts' from others.

CanadaConsumer Protection

Recent criminal cases and changes to the Criminal Code highlight the consequences that can result from sharing or eliciting 'sexts' from others. These developments suggest that sharing the intimate images of others without consent can lead to serious consequences, including criminal charges.

In a decision dated December 2, 2014 from the Provincial Court of British Columbia, R v. SB et al1, three fourteen year olds were found guilty of criminal harassment2 after encouraging female youths to send them sexual images. As the court described,

At times the males were persistent and persuasive in their attempts to elicit photos from the females. At other times the females appear to provide the images more readily. The "chats" by the males to the females were at times immature and demeaning. It is these "chats" which have resulted in the charges presently before the court.3

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