Time for a rethink on Grooming Laws

Can a Child Get a Criminal Record for Sharing an Intimate Image?

A child who takes or shares a nude or sexual image of themselves may technically commit an offence under laws intended to protect children from sexual exploitation.

This can appear deeply unfair where the child has been groomed, pressured or deceived by an adult. In these circumstances, the child should normally be treated primarily as a victim in need of safeguarding rather than as an offender.

Police guidance allows incidents to be recorded without formal criminal action where prosecution would be inappropriate. The response should depend on the child's age, the circumstances under which the image was created, and whether coercion, abuse, or malicious sharing was involved.

Why Is the Image Illegal?

Under the Protection of Children Act 1978, it is an offence to take, make, distribute, show or possess an indecent photograph or pseudo-photograph of a person under 18.

The law can apply even where:

• the child took the photograph themselves;


• the image was originally sent voluntarily;


• the recipient is another child;


• the child did not intend the image to be shared further; or


• the image was created using a telephone, tablet or social-media application.

The legislation was created to protect children and prosecute people who exploit them. Its wording can nevertheless encompass images created by children themselves.

A Groomed Child Should Be Treated as a Victim

Where an adult builds a relationship with a child and persuades or pressures them to send sexual images, the conduct may form part of online grooming and child sexual abuse.

Grooming can involve:

• pretending to be another child;


• giving attention, compliments or gifts;


• creating an emotional dependency;


• moving conversations onto private or encrypted services;


• asking for increasingly intimate images;


• threatening to publish existing images;


• blackmail or sextortion;


• threats against family or friends; and


• pressuring the child to meet in person.

A child may initially believe that the relationship is genuine. Apparent agreement to send an image does not mean that the child is responsible for the adult's exploitation.

Will the Child Be Prosecuted?

Prosecution is unlikely to be appropriate where a child has created or shared an image without abusive intent, particularly where the child has been groomed or coerced.

Police and prosecutors should consider:

• the child’s age and maturity;


• whether an adult was involved;


• whether the child was pressured or threatened;


• the nature of the image;


• whether it was shared beyond the intended recipient;


• whether there was bullying, revenge or financial gain;


• the child’s Welfare and safeguarding needs;


• whether another child was harmed; and


• whether formal action would be proportionate and in the public interest.

A child who is clearly the victim of adult grooming should not ordinarily be treated in the same way as an adult who deliberately creates, collects or distributes child sexual abuse material.

What Is Outcome 21?

Outcome 21 is a police recording outcome that may be used in cases involving sexual images produced or shared by young people.

It records that an offence has technically occurred but that formal criminal justice action is not considered appropriate.

This may be used where:

• the incident involves children of a similar age;


• the activity was consensual and not abusive;


• there is no evidence of exploitation or malicious distribution;


• the child understands the risks;


• safeguarding measures have been put in place; and


• prosecution would be disproportionate.

Outcome 21 is intended to allow the Police to respond proportionately without arresting, cautioning or prosecuting a child unnecessarily.

Does Outcome 21 Create a Criminal Record?

An Outcome 21 disposal is not a criminal conviction or caution.

It should not normally appear on a basic or standard Disclosure and Barring Service check.

However, information held by the Police may potentially be considered for disclosure on an enhanced DBS certificate if the Police reasonably believe it is relevant to the particular role and ought to be disclosed.

Disclosure is not automatic. The Police must consider relevance, proportionality, the circumstances of the incident and the effect on the individual.

This distinction is important because telling a child that they will "have a criminal record" may be inaccurate and can create unnecessary fear.

When Is Formal Action More Likely?

A more serious response may be considered where a young person:

• pressures or threatens another child to provide an image;


• shares an image without consent;


• uses the image to blackmail or control someone;


• uploads it publicly;


• sends it repeatedly to other people;


• profits from distributing it;


• targets a significantly younger or vulnerable child;


• continues after warnings or safeguarding intervention; or


• is involved in wider sexual abuse or exploitation.

The fact that the suspect is also under 18 does not prevent criminal action where another child has been deliberately exploited or harmed.

What Should the Police Do?

The priority should be safeguarding the child and identifying the person responsible for the grooming or exploitation.

The police may need to:

• assess whether the child is in immediate danger;


• identify and preserve communications with the suspect;


• trace accounts, devices and internet records;


• investigate whether other children have been targeted;


• secure the removal of images from online services;


• refer the child for safeguarding support;


• work with the school or local authority where appropriate; and


• consider offences committed by the adult suspect.

The child should be spoken to in an age-appropriate and non-judgmental manner.

Warnings about the law may be necessary, but they should not be delivered in a way that makes the victim feel responsible for the abuse or afraid to cooperate.

Can the Police Take the child's Phone or Tablet?

The Police may need to examine a device to preserve evidence, identify the offender or establish where an image has been shared.

This may involve temporarily seizing:

• a mobile telephone;


• a tablet;


• a laptop;


• storage devices; or


• another connected device.

Where possible, the Police should explain:

• why the device is required;


• what information will be examined;


• how long it may be retained;


• whether another method of obtaining the evidence is available; and


• how the family can obtain updates.

Investigators should avoid unnecessarily copying, viewing or circulating intimate images.

Parents Should Not Forward the Image

A parent who discovers an intimate image of a child should not forward it to the Police, school, another parent or anyone else unless specifically instructed through a safe and lawful process.

Forwarding the image may:

• create further copies;


• increase the child’s distress;


• interfere with an investigation;


• spread the material further; and


• potentially engage in criminal offences.

Parents should preserve the device and relevant messages without downloading or distributing the image.

Useful evidence may include:

• the suspect’s username;


• the profile address;


• dates and times;


• non-intimate screenshots of messages;


• telephone numbers;


• email addresses;


• payment requests; and


• details of threats or attempts to arrange a meeting.

Online Sextortion

Sextortion occurs where someone threatens to share an intimate image unless the victim sends money, provides more images or complies with another demand.

Children may be targeted by:

• adults pretending to be teenagers;


• organised criminal groups;


• people they know;


• former partners; or


• accounts using stolen or artificial images.

A child facing sextortion should be told:

• not to pay;


• not to send further images;


• not to continue negotiating;


• to stop contact where safe;


• to tell a trusted adult immediately; and


• that the abuse is not their fault.

Any immediate threat to life or safety should be reported to the Police urgently.

Removing Images From the Internet

It may not be possible to guarantee that every copy of an image will be removed, particularly once it has been shared across multiple platforms.

Steps may include:

• reporting the account and content to the platform;


• asking the Police to make preservation or disclosure requests;


• using specialist child-protection reporting services;


• requesting removal from search results;


• using image-matching technology to prevent re-uploading; and


• reporting websites hosting illegal material.

The Internet Watch Foundation operates services that can assist in reporting and disrupting online child sexual abuse images.

Can Social-Media Companies Trace the offender?

An account may appear anonymous to an ordinary user but still leave technical and account information that can assist an investigation.

Depending on what records exist, evidence may include:

• internet protocol addresses;


• login records;


• telephone numbers;


• email addresses;


• device identifiers;


• payment information;


• linked accounts; and


• stored communications.

The Police may seek this information using legal powers or international cooperation procedures.

Tracing an offender can be difficult where false details, public internet connections, encryption, overseas services or sophisticated concealment methods have been used.

Platforms are also subject to duties under the Online Safety Act 2023 to assess and reduce the risk of child sexual exploitation and abuse on their services.

New Proposals for Children’s Devices

In June 2026, the Government announced proposals aimed at preventing children from taking, sharing or viewing nude images on their devices.

The proposals include requiring operating-system providers to develop safety technology capable of detecting nudity on children's accounts or devices.

The intended safeguards could:

• prevent a child from taking or sending a nude image;


• blur or block incoming nude material;


• warn the child about the risks;


• direct the child towards support; and


• reduce opportunities for grooming and sextortion.

The detailed legal and technical requirements remain subject to development. Any system will need to balance child protection with privacy, security and the risk of incorrectly blocking lawful images.

Schools and Colleges

Schools and colleges should treat incidents involving nude or semi-nude images as safeguarding matters.

Staff should normally:

• refer the matter to the designated safeguarding lead;


• avoid viewing the image unless there is a compelling reason;


• avoid copying or printing the image;


• assess whether an adult is involved;


• consider whether there is coercion, exploitation or a significant age difference;


• contact children's social care or the Police where required;


• support the child’s emotional Welfare; and


• record decisions and reasons.

An adult-involved incident should be treated as suspected child sexual abuse and referred to the Police.

Why the Response Matters

A child who reports grooming may already feel frightened, ashamed or responsible.

An insensitive response can:

• increase trauma;


• discourage cooperation;


• cause the child to withdraw the allegation;


• deter other children from seeking help;


• damage trust in parents and authorities; and


• allow the offender to continue targeting victims.

Children should understand that creating or sharing intimate images carries serious risks. That message can be delivered without treating an exploited child as though they are equivalent to the adult predator.

What Should Parents Do?

Parents who discover that a child has shared an intimate image should:

• remain calm;


• reassure the child that asking for help was the right decision;


• avoid blaming or punishing the child immediately;


• establish whether there are threats or plans to meet;


• preserve usernames and messages;


• avoid forwarding the image;


• report adult grooming to the police;


• inform the school where other pupils may be involved; and


• seek emotional or safeguarding support for the child.

The child should not be left to deal with the offender or removal requests alone.

Obtaining Legal Advice

A solicitor may be able to help where:

• a child is being treated as a suspect;


• the police propose a formal interview;


• there is uncertainty about a police record;


• information may appear on an enhanced DBS certificate;


• images have been shared maliciously;


• a platform refuses to remove content;


• the child has been threatened or blackmailed;


• there are concerns about the police investigation; or


• an adult suspect is being prosecuted.

A child interviewed as a suspect is entitled to free independent legal advice at the police station and should normally have an appropriate adult present.

Finding a Solicitor

The law technically applies to sexual images created by children themselves, but police guidance provides a proportionate alternative to formal criminal action.

Where an adult has groomed or coerced a child, the focus should be on protecting the child, identifying the offender and preventing the images from being circulated further.

Use the search facility at the top of this page to find a criminal law, child protection or internet law solicitor who can advise on online grooming, intimate images or police records.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about the law in England and Wales and does not constitute legal advice. Anyone facing an immediate safeguarding risk should contact the Police or an appropriate child-protection service.