Sending Dick Pics Punishable from September 1

Specifically, it will be a criminal offense to transmit genital images unsolicited via telecommunications or using a computer system if it involves harassment. The ban includes, among others, SMS, MMS, faxes, emails, instant messages, postings, or transmission via mechanisms like Airdrop or Bluetooth. If the (repeated) transmission of genital images fulfills another more severe offense, such as "persistent stalking" under Paragraph 107a StGB, the stricter one will apply.

Sending Penis Pictures: Up to Six Months Imprisonment

The offense will in the future be anchored in Paragraph 218 StGB ("Sexual Harassment and Public Sexual Acts") by introducing a new subsection 1b. The penalty threat extends to up to six months imprisonment or a fine of up to 360 daily rates. Concerns were raised by the Austrian Bar Association (ÖRAK), which would have liked the amendment draft to consider that "criminal liability should remain limited to actions likely to cause severe psychological harm to the person, to avoid unwanted and excessive criminalization, especially among young people," as stated in a statement submitted to the APA.

That this should already be the case with a single digital, unsolicited, intentional sending of such material to adult recipients is "questionable" for the ÖRAK. Because it is possible to block the sender of an unwanted digital message. And photos, videos, and other material of exposed genitals of minors or mature minors are already covered by Paragraph 207a StGB ("Pictorial Child Sexual Abuse Material and Pictorial Sexual Depictions of Minors").

Concerns of the Austrian Bar Association

The ÖRAK also pointed out that Paragraph 107c StGB ("Persistent Harassment via Telecommunications or a Computer System") would already cover these acts of sending genital images or similar. It states: "Anyone who, via telecommunications or using a computer system, in a manner that is likely to unreasonably impair a person's way of life, commits a criminal act against the honor of a person perceivable by a larger number of people for a longer period or makes a fact or image of the highly personal life area of a person perceivable by a larger number of people for a longer period without their consent, is to be punished with imprisonment of up to one year or a fine of up to 720 daily rates."

According to ÖRAK, it could therefore be considered to extend the scope of 107c even without perception by a larger number of people - that is, in the private sphere - if the contact is continued against the wishes of the affected person, intentionally and over a longer period in a manner that is likely to unreasonably harass the person in their way of life. For example, if the perpetrator sends such material to a person over a longer period using different profiles or phone numbers.

(APA/Red.)

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