Being charged with communicating indecently is a serious offence which requires expert advice.
Our highly experienced criminal lawyers can offer assistance in this area across Scotland. It is crucial to contact us as soon as you can if you are accused.
What is communicating indecently?
In Scotland, communicating indecently means it is a criminal offence to send sexual written communications to someone else or direct verbal communications to another person without their consent or reasonable belief that you had their consent to do so.
To qualify as communicating indecently, the accused must have done this to either obtain sexual gratification or to humiliate, distress, or alarm the other person. The definitions of what counts as written and verbal communications are very wide. Both include communications by any means.
Examples of written communication include:
- handwritten notes,
- text messages or emails sent to the other person and,
- showing someone an explicit text written by someone else.
Examples of verbal communication include:
- words spoken by you to the other person,
- audio recordings depicting sexual content and,
- sign language.
It is also an offence to cause a person to see or hear any indecent communications without their consent. This applies when the accused does not send or direct the communication to the other person but has still caused them to see or hear it.
Punishment for communicating indecently
Communicating indecently can carry heavy penalties if you are found guilty. This can include fines and/or up-to ten years imprisonment. Similar sentences may also be imposed for causing a person to see or hear indecent communications.
The severity of these punishments emphasises the importance of seeking appropriate legal advice early. Our team is more than qualified to help fight your corner.
Communicating indecently with a child
The Sexual Offences (Scotland) Act 2009 also contains provisions relating to the offence of communicating indecently with a child, communication with a child under the age of 13 and communicating indecently with older children both being addressed.
These offences also carry heavy punishments, so it is vital to contact our criminal defence team as soon as possible if you are accused of communicating indecently with a child.
Criminal Defence Solicitors in Paisley, Glasgow & Greenock
If you find yourself accused of an indecent communications offence, it is vital that you contact our team as soon as you possibly can. Our criminal defence solicitors will be able to formulate the best defence available and help to guide you through what is an extremely stressful and difficult time.