Unwanted Dick Pics: From September there is a risk of punishment in Austria!

Unwanted Dick Pics: From September there is a risk of punishment in Austria!

From September 1, 2025, the unsolicited sending of penis pictures, also known as Dick-Pics, will be punished in Austria. This new regulation, which is introduced as part of a change in paragraph 218 of the Criminal Code, provides for up to six months of imprisonment or fines of up to 360 daily rates. The draft law on the change was recently given in assessment, and the deadline ends shortly before the regulation comes into force. According to oe24 extends this legislation in all forms of electronic communication, including SMS, MMS, emails and various Messaging services.

The central goal of the new regulation is to prevent sending these images as long as this is accompanied by a form of harassment. Experts, including the Austrian Chamber of Lawyers (ÖRAK), express concerns. They call for a clarification of legislation because they fear that a one -time unwanted sending to adults could already be classified as problematic. In its statement, ÖRAK also points out that existing regulations, such as the paragraph 207a of the Criminal Code, already offer protection against pictorial sexual child abuse, while paragraph 107c StGB covers harassment by sending genital images. The ÖRAK suggests expanding the area of ​​application from paragraph 107c to private harassment.

The legal framework

Although sending dick-Pics will be considered punishable in the future, it is currently not defined as sexual harassment in the criminal sense, since it normally requires physical touch. According to Kanzlei.law , the legal classification depends heavily on the specific circumstances. The unclear boundary between art and pornography is also viewed critically in this context, since representations can be quickly classified as pornographically if they exceed the border to mere objectification.

The discussion about sexual harassment is often reported on the gender of those affected. Studies show that women in particular are affected by sexual harassment. In a survey, nine out of ten women stated that they had already felt verbally bothered, while almost as many undesirable physical touch experienced. Almost half of them have also received unwanted news or pictures of sexual content. The sovereignty of interpretation of the question of what is considered to be harassment lies among the people concerned, such as the Deutschlandfunk Kultur reports.

social relevance

The planned change in law illustrates the increasing social pressure to act against sexual harassment. A new criminal offense for targeted, undesirable verbal sexual harassment is currently being discussed by the SPD parliamentary group. The effectiveness of such regulations is up to the debate, since a new criminal offense could also have a normalizing effect on social behavior.

Overall, the upcoming legal change in Austrian criminal law reflects the progressive efforts of more protection against sexual harassment and shows that the topic is becoming increasingly important in public discussion. With the entry into force of the new regulation, both those affected and legal institutions must adapt to a changed handling of this sensitive topic.