In short
Consensual sexting between adults is legal in Australia. Sharing sexual material of an adult without consent, including deepfakes, is a federal crime carrying up to 6 years, or 7 if you also created the material. Sexual images of anyone under 18 are child abuse material. Every state and territory also has its own image-based abuse offences.
Federal law
Sharing sexual material without consent
What it covers: using a phone, the internet or any other "carriage service" to send sexual material depicting an adult without their consent. It applies whether the material is real or created or altered with technology such as AI.
Maximum penalty: 6 years. The aggravated offence, which covers someone who also created or altered the material, carries 7 years.
The first prosecutions under this law reached the courts in 2026.
Menacing, harassing or offensive messages
Section 474.17 of the Criminal Code makes it an offence to use a carriage service to menace, harass or cause offence. Unsolicited explicit images (cyberflashing) and sextortion threats are often charged under this section.
Child abuse material
Under the Criminal Code (for example sections 474.22 and 474.23), it is a serious offence to use the internet or a phone to access, send or solicit child abuse material, meaning sexual material of anyone under 18. It applies even where the age of consent is 16. Some states give young people defences for consensual peer sexting, but adults are never covered by these.
The eSafety Commissioner
This is a civil scheme, separate from the police, so you can use it whether or not you want to make a criminal complaint. The Government has also announced plans to ban "nudify" apps.
State and territory differences
| Issue | What to know |
|---|---|
| Age of consent | 16 in most states and territories, and 17 in South Australia and Tasmania. |
| Image-based abuse | Every state and territory makes it an offence to distribute, and usually to threaten to distribute, intimate images without consent. |
| Creating deepfakes | Several states go further than federal law. NSW has made it an offence to create or alter intimate images without consent, including deepfakes, since 16 February 2026. Victoria also covers producing intimate images, and Queensland has proposed similar laws. |
| Young people | Some states, such as Victoria, have defences or diversion for consensual sexting between young people close in age. |
Where to get help in Australia
- Emergency: 000
- eSafety Commissioner: esafety.gov.au for image-based abuse and sextortion
- 1800RESPECT: 1800 737 732, for sexual, domestic and family violence
- Kids Helpline: 1800 55 1800 (ages 5 to 25)
- ACCCE: accce.gov.au to report child sexual exploitation
Need help right now?
If you or someone else is in immediate danger, call 999 (UK), 112 (Ireland/EU), 911 (US/Canada) or 000 (Australia).
- Images shared or threatened (adults, UK): Revenge Porn Helpline, revengepornhelpline.org.uk or 0345 6000 459
- Stop images spreading (worldwide, adults): StopNCII.org
- Under 18: Childline's Report Remove tool at childline.org.uk or call 0800 1111. Outside the UK: Take It Down
- More countries and services: see our help and support directory
This is general information, not legal advice. Laws change and depend on the facts of each case. We last checked this page on 9 November 2026. If you are facing a police investigation or court case, speak to a solicitor or lawyer where you live.