A man has become the first person in England to be jailed for cyber flashing, leaving many wondering what this criminal offence is.
39-year-old Nicholas Hawkes was jailed for 66 weeks at Southend Crown Court today (March 19) after sending unsolicited photos of his erect penis to a 15-year-old girl and woman on February 9.
Cyber flashing became a crime in England following the passage of the Online Safety Act in 2022.
What is cyber flashing and what are the laws against it in England?
“Cyberflashing” will be illegal.
— Ministry of Justice (@MoJGovUK) March 14, 2022
Those who send photos or films of a person’s genitals for specific purposes, including for their own sexual gratification, could face up to 2 years in jail.
More about how our proposals will help keep people #SafeOnline https://t.co/hL6UWR2iRm pic.twitter.com/f5fId0JXjf
According to the UK Government website, the practice of cyber flashing "typically involves offenders sending an unsolicited sexual image to people via social media or dating apps."
This can also be over data sharing services such as Bluetooth and Airdrop.
In some instances, a preview of the image can appear on someone's device, meaning that if the sharing request is rejected, the victim is still forced to see the image.
The Evening Standard states that those found guilty of cyber flashing could face two years in prison and up to 10 years in the Sex Offenders Register.
🚨Flashing is a crime.
— Home Office (@ukhomeoffice) March 20, 2022
📵And now Cyberflashing will be a crime as part of the new Online Safety Bill.
It’s abuse and we can all play our part in stopping it.#Enough.
📲 https://t.co/E5IkibhSJ3 pic.twitter.com/D6uE8ghVUB
The legislation was introduced after it was found that 76% of girls aged 12 to 18 had been sent unsolicited nude images.
Discussing the 2022 law, then-Minister of State for Prisons and Probation Victoria Atkins said: "It is unacceptable that women and girls travelling on public transport, or just going about their day-to-day lives, are being subjected to this despicable practice.
"Cyberflashing can cause deep distress to victims and our changes ensure police and prosecutors have the clarity they need to tackle it and keep people safe."
Is cyber flashing a crime in Scotland?
Yes, cyber flashing has been a crime in Scotland since 2010 after legislation was introduced to the Scottish Parliament.
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