The former finance secretary will not be charged by police over a stream of unwanted messages that were sent to a 16-year-old boy, it has emerged. 

The Daily Record reported that Police Scotland consulted the Crown Office and drew the conclusion that no laws were broken by Mackay who resigned from his minister post on February 5. 

READ MORE: Derek Mackay to receive £12,000 pay off after 'predatory' text scandal

A source told the Daily Record: “It was felt the trail of messages itself was ­inappropriate given the imbalance in power and the difference in age between the two parties.

“The messages were not highly ­sexualised and, in any case, the boy was 16 and of age. But consideration was given as to whether the messages could have caused fear and alarm or distress.

“Could there have been an aggravated breach of the peace or would some sort of sexual aggravation or grooming charge be justified? But all things considered, the consensus was that the threshold of criminality had not been reached.”

READ MORE: 'Got any naughty pics?' Derek Mackay faces fresh allegations over unwanted messages

It was reported that Mackay and the boy had met on a previous occasion so they were not complete strangers. 

Although Mackay had called the boy "cute" and made him feel uncomfortable, the boy had not been troubled by it and intended not to make a former complaint about his conduct to the police.