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Is sending nudes illegal?

Canadian law considers child pornography to be any photo or video of a sexual nature that exposes a person under the age of 18. So yes, it is technically illegal for minors. It’s legal for people who are of age.

So, by law, it is illegal :

– To possess, a sexual photo or video of a person under the age of 18;

– to produce, that is to say, to take a photo or video of a sexual nature of a person under the age of 18;

access, that is, choose to view or seek to obtain a sexual photograph or video of a person under the age of 18;

distribute these images, i.e., send a sexual photo or video of a person under 18;

But there is an exception to the law. This exception allows minors to record their own sexual activity, as long as it is produced in a consensual manner. Only the people who participated in the recording (video, photo) can keep it, but cannot show it to anyone else. This means that a teenager could not send a sexual selfie to another teenager.

However, don’t panic! Two teens who exchange selfies in a consensual manner should not be legally punished.

For more information on this topic see : Sexting: What is allowed by law? and Cyberbullying and the non-consensual distribution of intimate images.

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