Sexting law: Canada

Sexting Laws in Canada

Canada's Criminal Code applies nationwide. It was updated in 2026 to cover sexual deepfakes and threats to share intimate images.

Last reviewed: 9 November 2026

In short

Consensual sexting between adults is legal in Canada. Distributing an intimate image without consent is a crime with up to 5 years in prison, and since July 2026 it covers deepfakes too. Sexual images of anyone under 18 are child pornography under the Criminal Code, although there is a narrow exception for some private images between young people.

Non-consensual distribution of intimate images

Law: section 162.1 of the Criminal Code.
What it covers: knowingly publishing, distributing, sending, selling or making available an intimate image of a person without their consent, or being reckless about whether they consented.
Maximum penalty: 5 years.

Courts can also order an image to be removed from the internet (section 164.1), order the offender to stay off certain platforms, and order them to pay the costs of removal.

The 2026 changes: deepfakes and threats

The Protecting Victims Act (Bill C-16) received Royal Assent on 18 June 2026, and most of it came into force on 18 July 2026. It:

  • extends section 162.1 to sexual deepfakes, meaning realistic images created or altered to show a real person nude or engaged in sexual activity
  • creates a specific offence of threatening to distribute an intimate image

Before this change, it was unclear whether AI-generated images were covered, and courts reached different answers.

Age of consent and under-18 images

The age of consent in Canada is 16, with close-in-age exceptions for 12 to 15-year-olds. But under section 163.1 of the Criminal Code, a sexual image of anyone under 18 is child pornography. Making, distributing, possessing or accessing one is a serious offence with mandatory minimum sentences.

The "private use" exception

In R v Sharpe (2001), the Supreme Court of Canada recognised a narrow exception. Young people who lawfully create sexual images of themselves or each other, and keep them strictly private between themselves, are not committing an offence. The exception ends the moment an image is shared beyond the people in it, or is made or kept without consent. It never protects adults.

Provincial laws

Several provinces, including British Columbia, Manitoba, Alberta, Saskatchewan, Nova Scotia and New Brunswick, have civil laws that let victims sue and get fast removal orders. BC's Intimate Images Protection Act (2024) created a Civil Resolution Tribunal process that can order removal quickly and cheaply.

Where to get help in Canada

  • Emergency: 911
  • Cybertip.ca: cybertip.ca to report sextortion and child exploitation
  • NeedHelpNow.ca: removal help for young people
  • Kids Help Phone: 1-800-668-6868, or text CONNECT to 686868
  • Canadian Anti-Fraud Centre: 1-888-495-8501 for financial sextortion

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).