Queensland Sexting Laws: Age Threshold, Penalties and No Peer Defence

Queensland's child exploitation material offences apply to anyone who is, or apparently is, under 16, cover a teenager's own self-taken image, and carry no statutory defence for consensual sexting between peers.

The age threshold and the offences in Queensland

Queensland's child exploitation material provisions sit in Chapter 22 of the Criminal Code Act 1899 (Qld). Section 207A sets the age line: material counts as child exploitation material if it depicts a person who is, or apparently is, a child under 16 years, in a sexual context, an offensive or demeaning context, or being subjected to abuse, cruelty or torture. Because the statute reaches an apparent age, a prosecution does not need to prove the depicted person's real age.

Four offences carry the criminal exposure:

All four are indictable crimes. A child under 10 cannot be held criminally responsible for any of them, and a child aged 10 to 13 is presumed not criminally responsible unless it is proved the child had the capacity to know they ought not to do the act (section 29, a test the courts read as knowing the act was seriously wrong). Above that age, a teenager charged under these sections faces the same statutory offence and penalty range as an adult.

Sending your own image as a teenager

Section 228B, making child exploitation material, is not written to require an adult offender or a third-party subject. A teenager under 16 who takes a photo of themselves falls within the plain wording of "makes." Queensland has no separate self-image defence, no close-in-age exception and no reduced offence for a young person photographing themselves. The only defences that exist at all are the three narrow ones in section 228E, described below, and none of them fits an ordinary sexting scenario.

Receiving, keeping or forwarding a peer's image

The same absence of an exception carries through to a young person on the receiving end. Knowingly possessing an image on a phone falls under section 228D, and forwarding it to anyone else falls under section 228C, distributing. Neither section carries a reasonable-belief-about-age exception or a peer-relationship exception for a young recipient.

The only defences that exist, and why they do not cover sexting

Section 228E is the sole defence provision for sections 228A through 228D. It allows: a genuine artistic, educational, legal, medical, scientific or public benefit purpose where the conduct was reasonable for that purpose; a conditional cultural exemption tied to the Commonwealth Classification Act; and a classification defence where the material is a computer game, film or publication classified as something other than Refused Classification. A separate provision, section 228H, excludes only a law enforcement officer or classification inspector acting in the course of official duties. None of these reaches consensual image-sharing between two young people of similar age, a genuine relationship, or a person's own image. Queensland's Criminal Code has no statutory sexting or peer exception at all, a documented gap verified directly against the statute's text rather than assumed from a summary.

Registration: not confirmed for Queensland

Whether a conviction under sections 228A to 228D lists a young person as a reportable offender under Queensland's child-protection offender-reporting scheme, and whether a court has discretion to decline a reporting order for a child, could not be confirmed for this page. No published Queensland Police Service or Office of the Director of Public Prosecutions guideline addressing consensual peer sexting specifically could be located either. Families should not assume registration is automatic, and should not assume it is avoidable, without checking with a Queensland lawyer or Legal Aid Queensland directly.

Adult sharing: lawful with consent, a different offence without it

Sexting between consenting adults is lawful in Queensland. Sharing an adult's intimate image without their consent is a separate offence, distributing intimate images (section 223 of the Criminal Code), a misdemeanour carrying a maximum of 3 years and limited to distribution rather than creation or possession alone. The full state-by-state analysis of non-consensual intimate image sharing, including deepfakes, lives on RecordingLaw's deepfake and intimate image laws page.

If police contact your teenager

If Queensland Police want to speak with a teenager about a sexting incident, the same rights that apply to any police interview apply here. RecordingLaw's guide to police rights and cautions in Australia covers what a caution means, whether a young person has to answer questions, and when a parent or support person should be present.

For how the age threshold, offences, defences and registration position compare across every Australian state and territory, see the national sexting laws overview, part of RecordingLaw's Australia everyday law hub.