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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am a male and is sending a picture of myself topless and

Customer Question

I am a male and is sending a picture of myself topless and just in my underwear to a 17 year old male considered indecent and am I doing anything illegal? I am based in the UK where the age of consent is 16. Is this considered indecent and illegal?
Submitted: 4 months ago.
Category: UK Family Law
Expert:  Stuart J replied 4 months ago.

Has anyone made any allegations or are you just checking?

Customer: replied 4 months ago.
No, I am just checking
Expert:  Stuart J replied 4 months ago.

The only time that anything like this becomes an offence is if the recipient is between age 16 and aged 18 and you are in a position of trust such as a teacher or carer and you have a sexual relationship.

Other than that, there is nothing wrong with what you are doing.

It would be different if your genitals were exposed

Does that answer the question?

Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively, if you don’t rate it positively, then I don’t get paid.

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards.

Customer: replied 4 months ago.
Thanks. I am a teacher but the male does not go to my school or anything like that. It's just that I've heard from other sources and research that it may be considered indecent and illegal. No genitals were on show or anything like that. Would it help to send you the photo so you can view it and be more informed?
Expert:  Stuart J replied 4 months ago.

By all means attach the photograph. I think you need to be careful here. There is no offence but the last thing you want, in your position as a teacher is an allegation even though ultimately that allegation may be unfounded.

It is likely that some do-gooder can allege that even though you are not the teacher of the recipient, they still held you in a position of trust.

It would not lead to a prosecution but until the anonymity of alleged perpetrators in sexual offences is allowed, even if it is found there is no case to answer, the people surrounding are often of the opinion that “there is no smoke without fire”. I would urge you therefore not to do anything until the recipient is 18 years of age (when you can do virtually what you like) and even then, I would want sight of birth certificate or driving licence to confirm the age of the recipient.

Customer: replied 4 months ago.
Attached is the picture and please let me know what you think.
I have have done sexual acts with the male (but not penetrative). I think it would be most unfair of me to be condenmed for being a teacher and abusing my position of trust since he is not at my school, and the law would allow me to have a relationship with him If I do wished. (I never would, 17 is too young in my eyes to have a relationship).
Expert:  Stuart J replied 4 months ago.

I could not agree with you more. However the do-gooders of the world don’t look at it like that. It’s just my personal opinion.

There is certainly nothing which could be considered indecent about the image. It’s no different than looking at anyone in a swimming costume at a swimming pool or on the beach.

Customer: replied 4 months ago.
Thank you. I also asked him for a topless photo. He never did and I did specify to him that I didn't mean nude (as that would definitely count as child pornography), but just a topless photo. He never sent it to me. Have I don't anything wrong/illegal by simply asking for a topless photo?
Expert:  Stuart J replied 4 months ago.

There is absolutely nothing wrong with asking.

Customer: replied 4 months ago.
you're absolutely sure there is nothing indecent/illegal about sending this photo?
Customer: replied 4 months ago.
Just to confirm I did send him the photo of myself in my underwear when I spoke to him
Expert:  Stuart J replied 4 months ago.

It doesn’t fit into any offence category

Customer: replied 4 months ago.
Thank you. We discussed this via the Grindr application (a hook up app). We also had a lot of sexual chat about what we would like to do in the bedroom. Is this sexual chat illegal? The app is meant to be for 18 year olds and over, but again as we know, 16 is the age of consent for sex.
Expert:  Stuart J replied 4 months ago.

There is an offence of grooming, which is meeting or intending to meet a child (under 16) with a view to committing sexual assault (a child under 16 cannot consent). There is no offence however in having sex talk with the 17-year-old.

You potentially breach the terms and conditions of the website then again I imagine so to tens of thousands of other people and if it’s meant to be 18, you do breach the terms in respect of age.

Customer: replied 4 months ago.
He is 17 so there is no offence of grooming, surely?
Expert:  Stuart J replied 4 months ago.

No it is not an offence. I was just giving you the full background detail for your information.

Expert:  Stuart J replied 4 months ago.

No it is not an offence at 17. I was just giving you the full background detail for your information.

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