Repeatedly Requesting Intimate Images or Sending Unwanted Ones Could Lead to Criminal Charges In Canada.
Caveat: In Canada, the Supreme Court has recognized a narrow private-use exception that can allow teens under 18 to create and keep certain intimate images when specific legal conditions are met, including consent, lawful sexual activity, and strictly private use. This does not mean that all consensual sharing between teens is legal. But what happens when someone repeatedly asks for intimate images after being told “no,” or sends an intimate image without the recipient’s consent?
Repeatedly pressuring someone for intimate images or sending them unwanted nude images is a serious concern, particularly after they have said “no” or “please stop.” Depending on the messages, the sender’s intent, and the surrounding circumstances, this behaviour may constitute a criminal offence in Canada.
Section 372(2) of the Criminal Code makes it an offence to send an indecent communication by telecommunications with the intent to alarm or annoy someone. Section 372(3) separately addresses repeated communications made without lawful excuse and with the intent to harass. Whether particular requests or images meet either provision depends on the circumstances. A single indecent communication may fall under section 372(2); repetition is a requirement under section 372(3).
A peer who repeatedly messages someone asking for nude images, or repeatedly sends unwanted intimate images, may be engaging in conduct covered by these provisions. Continuing after a clear refusal can provide important evidence of the circumstances and the sender’s intent. However, nobody needs to wait for repeated messages before seeking help.
Additional serious legal concerns arise when an image depicts someone under 18. If the image meets the Criminal Code’s definition of child sexual abuse and exploitation material (CSAEM), transmitting, distributing, or making it available may constitute an offence under section 163.1(3), including when the sender is a teen. An image does not automatically meet that definition simply because it shows a body part of someone under 18; its content and the applicable legal criteria matter.
We created the accompanying boundary setting images several years ago to help teens and adults respond to unwanted requests for intimate images. Its central message also applies to unwanted sexual images, you have the right to set a boundary, and that boundary deserves respect.
If you feel safe responding, you can communicate two clear points:
“No” and “Stop” are complete sentences. You do not owe anyone an intimate image, an explanation, or further engagement.
“I’ve saved your messages as evidence.” This communicates that you are documenting the behaviour and may report it to police. Only make this statement if you have saved the messages.
A clear response may discourage further contact, but it cannot guarantee the behaviour will stop. You do not need to send a warning, respond again, or prove that you said “no” before seeking help or reporting what happened. However, sending these messages can help in the evidentiary process to support police .
Preserve the original conversation, including usernames or phone numbers, dates, and times. Screenshots of messages can help document what happened; sending a boundary setting image does not preserve earlier communications. If sexual images of someone under 18 are involved, avoid creating additional copies or forwarding them to others. Ask police for guidance on preserving the material already received. A trusted adult can help you seek support, use platform reporting tools, or contact police. Being pressured or receiving an unwanted sexual image is not your fault.
In our school presentations, the boundary setting images we have created have prompted applause from some teen girls and reflection from some teen boys who had not understood the seriousness of repeatedly pressuring someone for intimate images. Our message to everyone is simple, “respect the first “no,” stop when asked, and get clear consent before sending an intimate image.”
To download our boundary setting images, open your phone’s camera, scan the accompanying QR code, and tap the link that appears. Save the image to your photo library so it is available if you need it.
Digital Food For Thought
The White Hatter
Facts Not Fear, Facts Not Emotions, Enlighten Not Frighten, Know Tech Not No Tech
