Cyber Flashing Offences: What You Need to Know

On 31st January 2024, a new criminal offence was introduced in England to address the issue of unsolicited explicit images, often referred to as “cyber flashing.” Under section 66A of the Sexual Offences Act 2003, it is now an offence to send or distribute a photograph or video of someone’s genitals with the intention, or recklessness, as to whether it causes alarm, distress, or humiliation. This legislation represents a significant step in protecting people from this form of digital harassment and sets a clear consequence for those found guilty.

What is Cyber Flashing?

Cyber flashing typically involves sending unsolicited explicit images, often via Bluetooth or AirDrop, to unsuspecting recipients in public places. The ease of sending such images anonymously has made it a growing issue, with many victims reporting feelings of shock, distress, and violation.

The Online Safety Act 2003 inserted section 66A into the Sexual Offences Act 2003. The then Lord Chancellor and Secretary of State for Justice, Dominic Raab, said at the time:

“Protecting women and girls is my top priority which is why we’re keeping sexual and violent offenders behind bars for longer, giving domestic abuse victims more time to report assaults and boosting funding for support services to £185m per year.

Making cyberflashing a specific crime is the latest step – sending a clear message to perpetrators that they will face jail time.”

The offence is specific to images of genitals, whether the person depicted is the sender or another individual and requires proof that the sender either intended or was reckless about causing emotional harm to the recipient. However, this legislation does not cover other unsolicited explicit images, such as those showing other body parts, unless they depict genitals. This narrow focus is intended to streamline the offence’s application and ensure cases are prosecuted based on the intent and effect of sending such images.

What are the penalties if you are convicted of cyber flashing?

Cyber flashing under S66A is a serious offence, carrying a maximum sentence of two years in prison if you are convicted in the Crown Court. A conviction also results in you being added to the Sex Offender Register, underscoring the severity of this type of harassment.

This penalty framework aims to serve as a deterrent for would-be offenders, sending a clear message that such actions will be met with stringent consequences.

The Online Safety Act 2023, created several other offences, including:

• Encouraging or aiding, via online or in person, people in committing serious self-harm.
• Intentionally sending ‘false communications’ that could cause “non-trivial psychological or physical harm” either in person or online, and it is reasonably foreseeable that the target of the communication is likely to see it.
• Sending communications that threaten a person with death or serious harm.
• Sending an electronic communication that contains flashing images, and it is reasonably foreseeable that a person with epilepsy will view it.

The Online Safety Act 2023 also inserted section 66B into the Sexual Offences Act 2003. This makes it a criminal offence to intentionally share photos or film of another person in an intimate state without that person’s consent and in order to cause alarm, distress, or humiliation (revenge porn).

Has there been any prosecutions for cyber flashing?

In March 2024, a man was jailed for 66 weeks after he became the first person to be convicted under the new law. The convicted sex offender sent unsolicited images of his genitals to a 15 year old girl and another woman, causing them significant distress.

Why Has Cyber Flashing Been Criminalised?

Cyber flashing is a modern problem that the original Sexual Offences Act 2003, drafted over 20 years ago, could not have foreseen. At that time, mobile phones capable of sending and receiving images were rare, and public awareness of digital harassment was limited. Now, with smartphones being ubiquitous and capable of connecting easily to nearby devices, cyber flashing has emerged as a significant issue, especially in public transport or other crowded environments where people can be easily targeted.

Research by Refuge in 2021 showed that one in three women in the UK have experienced a form of online abuse. Creating the offence of cyber flashing reflects society’s evolving understanding of personal boundaries and digital harassment.

What are the implications of the new law on cyber flashing?

The introduction of the cyber flashing offence means that people now have legal recourse if they receive unwanted explicit images. Previously, recipients of unsolicited images had little legal protection, often finding the behaviour deeply unsettling but lacking a clear pathway for reporting or prosecution. Now, victims of cyber flashing can report the offence to the police, and perpetrators face grave consequences if found guilty.

For offenders, the risk is not only imprisonment but also the lifelong impact of being placed on the Sex Offender Register, which affects employment prospects, social standing, and freedom of movement.

The severity of the consequences of being convicted of cyber flashing means anyone arrested or questioned by the police in relation to such an offence needs to contact an experienced Sexual Offences Solicitor immediately. They can provide you with pre-charge legal advice and representation and build a robust defence if you have to go to court.

If you require a Criminal Law Solicitor, please call our office today on 02476 231000 or email enquiries@askewslegal.coPlease note that this article is for information purposes only and does not constitute legal advice.