British man jailed for ‘cyber flashing’ for first time under new UK law

Britain’s first convicted internet whistleblower was sentenced to five-and-a-half years in prison on Tuesday for sending unsolicited photos of his genitals to a teenage girl and a woman.

Nicholas Hawkes, 39, a convicted sex offender, is the first person in England and Wales to be convicted of breaching the Cyber ​​Security Act, which came into force on January 31.

The court heard Hawkes borrowed his father’s phone, saying he needed to call the probation office, then went into another room and sent the photos to a woman via WhatsApp and to a 15-year-old girl via iMessage. The person started crying.

Both took screenshots and reported the incident to police.

Cyberflash laws make it a crime to send unsolicited pornographic images via social media, dating apps or technology such as Bluetooth or AirDrop.

Hannah von Dadelszen, deputy director general of the Crown Prosecution Service, said: “Cyberflash is a serious crime that can have lasting effects on victims, but it is often dismissed as a flippant ‘joke’ ‘ or harmless jokes.” “Just as those who commit indecent acts in the real world can face consequences, criminals who commit crimes online should face consequences; hiding behind a screen does not allow you to escape the law.”

Hawkes admitted at an earlier hearing that he sent photos or videos of his genitals with the intention of causing alarm, distress or humiliation.

Hawkes was placed on the sex offenders register last year after being convicted of contact and sexual intercourse with a child under 16. He admitted on Tuesday breaching the terms of a community order and probation he had received for previous offences.

Defense lawyer Barry Gilbert said Hawkes did not derive sexual gratification from his offending, which he said was due to post-traumatic stress after being kidnapped, stabbed and held for ransom eight years ago.

Judge Samantha Leigh rejected that argument, telling Hawkes “You are clearly deeply disturbed and have a distorted view of yourself and your sexuality.”