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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.To make matters worse, prosecutors in this state and elsewhere actually have been enforcing these draconian laws against sexting teenagers.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.
EG that a minor can be charged with distribution of child pornography for taking and sending a picture of their intimate areas to another person.
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.
However, as the ACLU has explained in a letter to prosecutors in Washington, prosecutors can and should exercise their discretion to avoid treating teen sexting incidents the same as adult exploitation of children.
_____Updated June 2017 Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression.
The court ruled that the statutory language allowed the charges, and deferred to the way the Legislature has written the law.