The first person to be convicted of a cyber-flashing offence has been jailed for 66 weeks.
Nicholas Hawkes was sentenced at Southend Crown Court after sending unsolicited explicit photos to a 15-year-old and a woman.
The 39-year-old, from Basildon, Essex, sent the pair pictures of his genitals on February 9, the court heard.
Cyber flashing refers to the sending of an unsolicited sexual image to people via social media, dating apps, text message or data sharing services such as Bluetooth and Airdrop.
It became an offence in England and Wales on January 31 as part of the Online Safety Act. It has been a crime in Scotland since 2010.
Hannah von Dadelszen, the Deputy Chief Crown Prosecutor for CPS East of England, said: “Cyberflashing is a serious crime which leaves a lasting impact on victims, but all too often it can be dismissed as thoughtless ‘banter’ or a harmless joke.
“Just as those who commit indecent exposure in the physical world can expect to face the consequences, so too should offenders who commit their crimes online; hiding behind a screen does not hide you from the law.
“Using the new legislation, our prosecutors worked to deliver swift justice – securing a guilty plea just four days after Nicholas Hawkes sent disgusting photos to his victims.”
The court heard that on the evening of February 9, Hawkes asked to use his father’s phone to call his probation officer.
He went into another room where he sent the indecent photo via WhatsApp to a woman in her sixties, using his father’s phone.
Minutes later, on the same device, he sent an explicit image to the child over iMessage, who was said to have been left “overwhelmed and crying”.
‘An established pattern of behaviour’
Prosecuting, David Barr said the offences were “part of an established pattern of behaviour of the defendant”.
The court heard Hawkes’ offending has been exclusively sexual in nature and started after he was kidnapped, stabbed and held at ransom for £5,000 when he was 31 years old.
On May 12 last year Hawkes went to Long Riding Surgery in Basildon and took his shirt off as he entered the building before stripping off completely.
He then rubbed hand sanitiser on his genitals and walked around the foyer for five minutes.
Then on July 23, he approached a group of young people in Mopsies Park, Basildon while wearing only his trainers and engaged in a ‘sexual conversation’ with the victims and ‘kissed one girl and hugged another.’
Hawkes was spared jail for those incidents, blaming the incidents on his PTSD and heavy cocaine use, denying a sexual attraction to children.
On Tuesday, Barry Gilbert, defending, insisted Hawkes does not receive sexual gratification from his offending and instead “does it to create chaos when he’s under personal pressure” as a result of his PTSD following the attack.
However, Judge Samantha Leigh rejected the argument that he did not receive sexual gratification and said: “You clearly are deeply disturbed and have a warped view of yourself and your sexual desires.”
She added: “There is a duty that I have that is a duty to protect, there is only one sentence for this set of offending – it clearly crosses the custody threshold.”
Hawkes was already a registered sex offender, and will remain so until November 2033, after he was convicted of sexual activity with a child under 16 and exposure at Basildon Crown Court last year.
On Tuesday he pleaded guilty to breaching a community order and breaching a suspended sentence for another sexual offence.
UK the ‘safest place’ to use the internet
Minister for Technology and the Digital Economy, Saqib Bhatti said the introduction of the Online Safety Act meant the UK was the “safest place” to use the internet.
He added: “Today is a significant milestone and sends a clear message to abusers; the internet will no longer serve as a sanctuary for your sinister crimes.”
Hawkes previously pleaded guilty to two counts of sending a photograph or film of genitals to cause alarm, distress, or humiliation at a hearing at Southend Magistrates court.
Victims of cyber flashing get lifelong anonymity from the time they report the offence, as it also falls under the Sexual Offences Act.
Hawkes must also comply with a 10-year restraining order and will be subject to a 15-year Sexual Harm Prevention Order.
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