In short
Sexting between consenting adults is legal in Scotland. It is a crime to send someone a sexual image they didn't agree to see, to share or threaten to share an intimate image without consent (including faked images), and to make, send or have sexual images of anyone under 18.
Sending unwanted sexual images (cyberflashing)
What it covers: intentionally making someone look at a sexual image, or sending a sexual written message, without their consent, for sexual gratification or to humiliate, distress or alarm them.
Maximum penalty: up to 10 years on indictment in the most serious cases.
Unlike the English offence, the Scottish offence is not limited to images of genitals. Any sexual image counts, and so do explicit text messages under section 7. Scotland was one of the first places in the world to cover this.
Sharing intimate images without consent
What it covers: disclosing, or threatening to disclose, a photo or film showing someone in an intimate situation without their consent, either intending to cause fear, alarm or distress or not caring whether it does.
Maximum penalty: 5 years in prison on indictment.
The Scottish law covers images that have been altered, so sharing a faked or AI-generated intimate image of a real person can be prosecuted. Police Scotland recorded 770 intimate image offences in 2024-25.
Deepfakes: what is and isn't covered
Sharing or threatening to share a sexual deepfake of someone is covered by the 2016 Act. Simply creating one, without sharing it, is not a specific offence in Scotland yet. This is different from England and Wales, where creation has been illegal since February 2026. The Scottish Government consulted in 2026 on adding a creation offence. Creating a deepfake of anyone under 18 is already illegal as an indecent image of a child.
Under-18s
The age of consent in Scotland is 16, but images of 16 and 17-year-olds are still covered. There is a narrow defence for established relationships where the young person was 16 or over, but you shouldn't rely on it.
Scotland's approach to young people focuses on welfare. The Children's Hearings System and early intervention are used far more than prosecution for peer-to-peer sexting. Adults who ask for or share images of young people are prosecuted.
It is also an offence for an adult to send sexual images or messages to an older child (13 to 15) or a young child (under 13) under the Sexual Offences (Scotland) Act 2009.
Other relevant law
- Extortion (common law): demanding money with threats, the usual charge in sextortion cases.
- Threatening or abusive behaviour (Criminal Justice and Licensing (Scotland) Act 2010, s.38) and stalking (s.39).
- Domestic Abuse (Scotland) Act 2018: using images to control, humiliate or frighten a partner or ex-partner can be part of a course of abusive behaviour.
- Extreme pornography (Criminal Justice and Licensing (Scotland) Act 2010, s.42): possessing extreme images is illegal.
Where to get help in Scotland
- Police Scotland: 101, or 999 in an emergency. Police Scotland also handles fraud and sextortion reports, because Report Fraud doesn't cover Scotland.
- Revenge Porn Helpline: 0345 6000 459. It supports adults across the UK.
- Scottish Women's Aid: Domestic Abuse and Forced Marriage Helpline, 0800 027 1234
- Childline: 0800 1111 and the Report Remove tool for under-18s
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.