We expect the case, to be decided sometime this year.For now, these cases are happening around the country, and kids really are being convicted of felonies and registered as sex offenders for taking intimate pictures of themselves. While we don’t have to acquiesce to such behavior, criminal penalties are not the solution.Updated September 2017 On September 14, 2017, the Washington Supreme Court ruled in State v.
Far too common is the case where jilted former lovers have sent nude pictures of their exes after a bad break-up to classmates, friends, coworkers, and relatives.
At that point, sexting is neither consensual nor innocuous.
Sexting among adults is unquestionably protected expression under the First Amendment.
For minors, unfortunately, sexting is an entirely different matter.
Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.
Both the consenting teen couple and the bully can be convicted of felonies under the law.For example, individuals who are dating might send each other nude pictures.Because, however, the pictures involved in sexting are digital, it is easy for recipients to distribute them in ways that the original sender never intended or imagined.In Florida, a 16-year-old girl and her 17-year-old boyfriend were both convicted under child pornography laws after taking intimate nude photos of themselves.Closer to home, Thurston County prosecutors initially charged 13- and 14-year-olds with felony distribution of child pornography after a sexting incident in a Lacey middle school. In May 2017, the Washington Supreme Court heard argument in a case that challenges whether a minor can be prosecuted under child pornography laws for taking and sending a picture of himself.In fact, the friends and classmates who received the picture can be convicted of felonies, too, even if they never asked for the picture to be sent to them.