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The police do not need to get this permission before making charges under the NSW law.Example Charlotte and Gary were dating for a year before they broke up.
In NSW, the law says you can consent to both sex and sexting at age 16.Charlotte has a naked photo of Gary on her phone from when they were dating.A week after they broke up Charlotte sent the photo to her four best friends in their group thread on Facebook Messenger.The maximum penalty for an act of indecency is 2 years in jail if the person in the picture is under 16.
If the person is over 16, the maximum penalty is 18 months in jail.
In this case, she was not charged (probably because she was so much younger than him, the boy was considered more at fault).