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That’s why a picture of a naked baby in a bath is not child pornography, but a picture of a naked teenager in a bed could be in some circumstances.
It is a crime to use your mobile phone or the internet in an offensive way or to harass somebody.
In the photo Kyle was posing and being silly, wearing a Santa hat.
After they had broken up, Holly texted the photo to everyone in her friendship group, with the caption ‘Santa has a very little package’.
If Kyle and Holly are both under 18, depending on how big the age difference is between them, then Holly could be charged with the crime of sending child pornography material using her mobile.
Even if Kyle was 18 or older in the photo, Holly could be charged with other crimes, such as ‘distributing an intimate image.’ You may be placed on the sex offender register if you are found guilty of a child pornography or indecency crime.
The police do not need to get this permission before making charges under the state law.