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The Cassation: "It is sexual violence to send hard photos via whatsapp to a minor"

the-cassation: -"it is sexual-violence-sending-hard-photos-via-whatsapp-to-a minor"


Sending hard photos through WhatsApp to a minor is a crime for which pre-trial detention in prison is foreseen.

The third criminal section of the Supreme Court, with its sentence, rejected the appeal made by the defense of a 32-year-old, under investigation for having sent a series of “allusive and sexually explicit” WhatsApp messages to an underage girl, together with a hard photo and the request to receive an image of the same kind from her “under the threat of publishing the chat” on another social and hot pages.

The Milan Review Court had confirmed the custody in prison ordered by the investigating judge for the suspect, and the defense, therefore, turned to the Supreme Court claiming that, in the case in question, the crime of sexual violence was not contestable, but , at the limit, that of solicitation of a minor, because, the defender noted, “the sexual act was missing”, since “no meeting” took place between the two, just as ‘child grooming’, that is “the practice of solicitation – observed the defense in the appeal – of a minor subject on the internet, through psychological techniques aimed at overcoming his resistance and obtaining the trust in order to sexually abuse him ”.

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