Cyberflashing: What the New Law Means and What to Do If You Are Accused

Sending someone an unsolicited explicit image, often called cyberflashing, has been a specific criminal offence in England and Wales since 31 January 2024. It covers messages on dating apps, social media, AirDrop and any other method. This guide explains what the law says, what the prosecution has to prove and what to do if you are accused.

What is the cyberflashing offence?

Cyberflashing is an offence under section 66A of the Sexual Offences Act 2003, added by the Online Safety Act 2023. A person commits it if they intentionally send or give a photograph or film of any person's genitals to another person, and either:

• they intend that the recipient will see the genitals and be caused alarm, distress or humiliation, or
• they send it for the purpose of obtaining sexual gratification and are reckless as to whether the recipient will be caused alarm, distress or humiliation.

The prosecution does not have to prove that the recipient was actually alarmed or distressed. The focus is on the sender's intention, or their recklessness.

What counts as "sending"?

The law defines sending broadly. It includes:

• sending an image by any means, electronic or otherwise, such as a message, email or AirDrop,
• showing an image to someone, for example on a phone screen, and
• placing an image for a particular person to find.

"Photograph or film" includes copies, data that can be converted into an image, and images made or altered by computer graphics that appear to be a photograph or film. That covers edited and AI-generated images.

What was the law before 2024?

Before section 66A, unsolicited explicit images were usually prosecuted, if at all, as communications offences, for example under the Malicious Communications Act 1988 or the Communications Act 2003. The new offence was created to deal with this behaviour directly as a sexual offence, with the possibility of notification requirements. Section 66A is not retrospective, so it only applies to images sent on or after 31 January 2024.

What is not cyberflashing?

Consensual sexting between adults is not cyberflashing, because the sender does not intend alarm, distress or humiliation and is not reckless about it when the image is wanted or expected. Context matters, though. An image sent without warning, to someone who has not shown interest or has said no, or to a stranger, is far more likely to be treated as an offence.

Related offences

• Exposure in person, under section 66: see our indecent exposure page.
• Sharing intimate images of someone else without consent, under section 66B: see our page on voyeurism and intimate image offences.
• Sending images to a child: if the recipient is under 16, offences such as sexual communication with a child or causing a child to watch a sexual act may apply, which are treated much more seriously. See sexual offences involving children.
• Images of anyone under 18 are indecent images of children, however they were made. See our indecent images page.

Possible defences

• No intention or recklessness: the image was sent as part of a consensual exchange, or in circumstances where the sender reasonably thought it was wanted.
• Not intentional: the image was sent by mistake, for example to the wrong contact or group.
• Attribution: you did not send it. Phones and accounts can be accessed by other people, and accounts can be hacked or impersonated.
• Not an image of genitals: the offence is specific, and other explicit images may fall outside it, although other offences could apply.

Messages before and after the image are often the key evidence, so do not delete anything. See our guide to digital evidence in sexual offence cases.

Penalties

Cyberflashing can be dealt with in the magistrates' court or the Crown Court. The maximum sentence is two years' imprisonment. At the time of writing there is no Sentencing Council guideline written specifically for this offence, so courts apply general sentencing principles and may look to related guidelines. Factors such as targeting a young or vulnerable person, sending repeatedly and previous similar offending are likely to increase the sentence, while a single incident, remorse and good character are likely to reduce it.

The type and length of the sentence matters because of notification requirements. See our guide to the sex offenders register.

What to do if you are accused

• Do not contact the person who reported you, including to apologise.
• Do not delete messages, images, apps or accounts.
• Do not attend a police interview without a solicitor. Advice at the police station is free.
• Never accept a caution without legal advice, as it can carry DBS and notification consequences.

Read our guide to police interviews, and if you are released while the police investigate, our page on being released under investigation.

Frequently asked questions

This article is general information about the law in England and Wales, not legal advice.