Naked pictures are being sent more and more frequently, e.g. as a token of love to partners but also to best friends. It is up to you to decide whether you want this. You can find out here when it is allowed and when it is clearly punishable.
As a young person, you have the right to a self-determined sexuality. You decide how you want to live your sexuality. From your 14th birthday, you can decide for yourself whether you want to send someone a revealing picture or video of yourself. There are, however, a few things to keep in mind so that you don’t make yourself liable to prosecution. The penalties can be really severe. It is worth knowing what is allowed and what is punishable.
When is a photo or video pornographic?
According to this law, you are only liable to prosecution if it is a pornographic photo or video. What is considered pornographic and what is not is difficult to say and is decided on a case-by-case basis by the police or, in the last instance, in court. As a guideline, the following applies:
A photo or video is most likely to be considered pornographic if.
* Primary sexual organs are visible and the focus is also on the sexual parts, e.g. the vagina or the penis is in the foreground,
* A sexual act, e.g. masturbation or sexual intercourse, is shown or implied (e.g. when a boy takes a photo of himself with a penis in his hand), or
* The recipient is to be aroused by the photo/video.
TIP:
Non-pornographic
Images that show a person simply naked (without a provocative pose) are most likely to be non-pornographic. Nudity alone is not considered pornographic! Even “topless photos” and photos in which neither the penis nor the vagina or buttocks are visible should not normally be considered pornographic.
Checklist!
I have sent a revealing photo or video, can I have it saved?
YES, if the person depicted is already 18 and was 18 when the video or photo was taken.
YES, if the person depicted sent the photo/video to you himself/herself!
NO, if the person depicted was under 18 years of age at the time the video or photo was taken.
NO, if you did not receive the photo or video from the person depicted yourself.
I want to send a revealing photo or video myself, can I do that?
YES, if you are already 18 (also in the video/photo), you can be seen alone in the photo or video and the persons to whom you send the photo or video also want to have it.
NO, if you are not in the photo or video yourself! Not even if the person depicted agrees to it!
Sexting
Sending naked photos of yourself is also called “sexting”. Maybe you have heard of this before. Many young people cannot imagine ever sending naked pictures of themselves. Others like to do it. Everyone decides for themselves how they want to deal with it.
Intimate insights
By sending nude photos, one gives very intimate insights. In the sense of self-determined sexuality, everyone decides for themselves to whom they want to show themselves naked and to whom not. The problem is that once you send photos, you can no longer control what happens to them.
More and more young people are reporting to us that they have sent nude or very revealing photos of themselves in confidence, which have then been made public. It is not uncommon for them to be forwarded to schoolmates, posted on social networks or uploaded to a website. Even though this is usually clearly forbidden.
TIP:
Stick to your pain threshold
You decide what you give away. That’s why it’s important for you to think about your own individual limits.
Think about which photo/video you could stand over if it were to be distributed. Every one of us is different and that is allowed. Just decide for yourself.
Maybe give away photos where you are not directly recognizable. For many people it would be easier to bear if they ended up somewhere where you don’t want them to be. You can do this by using candlelight instead of direct lamplight or photos where the head is only visible from behind.
You could also orientate yourself on art photographs where genitals are not visible! In most cases, other young people find such photos even more beautiful and appealing than if you can see everything right away.
Alternatively, you could show the photos on your mobile phone without sending them directly.
I have the pictures on my mobile phone, nobody knows anyway.
In the meantime, there are some young people in Nigeria who have been sentenced for sending or possessing photos. For example, a boy in Lagos was fined . The conviction is then also written in the so-called criminal record and unfortunately makes it very difficult to find a job.
Often there are coincidences why someone notices what you have on your mobile phone. For example, because the mobile phone is confiscated by the police due to a criminal offence at school. Happens all the time. Or also because you forward a photo to friends and they tell others about it.
How much risk you take is up to you.
For further help and support — Speak with a licensed therapist today.