united-kingdom minor sexual-offences
Sexting with a minor overseas
<p>Suppose that a person who is 22 years old and is an Algerian citizen has been sexting a minor who is 16 years old living in the UK. Can the Algerian be prosecuted, and if so for what?</p>

<p>The legal age of consent in the United Kingdom is 16 years old, and the legal age of consent in Algeria is also 16 years old so &quot;sexting&quot; itself would not be against the law. However, it is illegal in the UK <a href="https://www.legislation.gov.uk/ukpga/1978/37#reference-key-ed8628d8b78c600140ac9700e5dfccfe" rel="nofollow noreferrer">&quot;to take, or permit to be taken [..] any indecent photography of a child&quot;</a>.</p>
<p>This counterintuitively also applies to a child (under 18 years of age) taking a photo of themselves, as the photo is considered &quot;Indecent&quot;.</p>
<p>Within the UK prosecution of possessing, distributing, showing or making of indecent images of children isn't binary. Determining factors in potential prosecution are based on if (amongst other things):</p>
<blockquote>
<p>There is reason to believe that a child or young person has been coerced, blackmailed or groomed, or there are concerns about their capacity to consent (for example, owing to special educational needs).</p>
</blockquote>
<p><em>Source: <a href="https://www.gov.uk/government/publications/sharing-nudes-and-semi-nudes-advice-for-education-settings-working-with-children-and-young-people/sharing-nudes-and-semi-nudes-advice-for-education-settings-working-with-children-and-young-people#initial-review-meeting" rel="nofollow noreferrer">gov.uk</a></em></p>
<p>If the adult was trying to repeatedly solicit a picture from the minor then it could come under the Protection of Children Act. It's a legal grey area where it really depends on if the minor was pressured into sending pictures for the purposes of exploitation, malicious intent, persistent behaviour. '<a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/578979/GD8_-_Sexting_Guidance.pdf" rel="nofollow noreferrer">Outcome 21</a>' allows police in the UK discretion to determine if such behaviour occurred and whether to take action against those involved.</p>
