June 19, 2024, 2:03 pm | Read time: 5 minutes

In cases of close-up exhibitionism, the situation is clear. If someone surprises their victim by presenting themselves naked without consent, it is a severe form of harassment–and punishable by law. For some reason, different standards seem to apply when the genitalia is shown in a photo. Otherwise, why would so many dick pics be circulating? In a YouGov study, about 46 percent of more than 2,000 female participants reported having received dick pics, with around 89 percent of them being unsolicited. Many offenders seem to consider it a minor offense. However, such attacks are far from acceptable: The forced exposure to a genital can evoke various intense emotions in recipients, from disgust to shame. Therefore, sending dick pics is punishable by law.

Sending Dick Pics is a Criminal Offense

In Germany, under Section 184 of the Penal Code (StGB), it is a criminal offense to send pornographic content–whether text, image (such as dick pics), or video–to another person without being asked to do so. The possible penalties for this offense range from fines of varying amounts to imprisonment.

Ruling from Germany: €12,500 Fine for Dick Pics

Just a few weeks ago, the Stralsund Regional Court sentenced a 23-year-old to pay around €12,500 for sending “text messages with pornographic content, photos of a male member, and a masturbation video.” According to the court’s statement, the man began harassing his victim–who is well-known to a broad audience through TV and social media–in spring 2023. The fine includes a legally binding penalty order from the Stralsund District Court from October 2023, as well as the costs for the plaintiff’s lawyer and the trial, which the defendant must cover.

The statement lists several text messages from the man, in which he explicitly and obscenely solicits sexual acts from his victim. He also sent her a total of five photos of an “exposed penis in various stages of erection” and, finally, a video showing the plaintiff and close-ups of the man masturbating. It is likely a collage, as the plaintiff claims never to have been in contact with the perpetrator.

First Prison Sentence for Dick Pics in England

In England, sending dick pics as “cyberflashing” has been punishable since January of this year. Barely two months later, the Crown Prosecution Service (CPS), the prosecution service for England and Wales, imposed a prison sentence for the first time. The convicted individual is a registered sex offender from Basildon. He received 52 weeks in prison for repeatedly sending dick pics. Additionally, according to the CPS release, he violated previous court orders, activating a previously suspended sentence.

What to Do if You Receive Unwanted Dick Pics

For offenders to be punished, victims must take action. TECHBOOK consulted with lawyer Frank Berresheim on the best course of action. It is important to save the received content for evidence and let the authorities handle the rest. Victims can contact the police themselves and file a criminal complaint. Assistance is available on the website “dickstinction.com” in the form of a fillable form. The provider creates a report from the inputs, which can be printed and submitted to the police station or sent online. Alternatively, victims can hire a lawyer.

Expert Berresheim advises victims to act as an adhesion plaintiff during the proceedings. An adhesion plaintiff is a “witness in their own case.” The person is essentially a piece of evidence and must be heard anyway. “It is the easier way for victims of a crime to assert claims for damages during a proceeding,” says the lawyer. Alternatively, it would be necessary to initiate a civil proceeding after the criminal one. The costs incurred for this could be reimbursed in case of doubt. See the above-mentioned case at the Stralsund Regional Court: Here, the convicted person had to cover the plaintiff’s legal fees. However, as a plaintiff, one would initially have to advance the costs.

Claim for Damages

The question of claims for damages is not easy to answer in this case. Generally, the amount of damages is calculated from the difference between the assets before and after the damage occurred, explains Frank Berresheim. Receiving dick pics may involve more of an immaterial damage, and payments for a violation of general personal rights could be conceivable. To continue with the above example, the plaintiff demanded “compensation of €10,000,” according to the press release from the regional court. She was awarded around €4,000 according to the still non-final judgment.