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One may have any number of personal objections to sexting, but as long as sexted images are taken voluntarily and shared consensually, it is none of the government’s business.A couple should be able to intimately share naked pictures of each other if they so choose.If all parties involved were 18 or over, however, there is no crime whatsoever.Further, current law penalizes harassment in underage sexting cases just as harshly as the perpetrator._____ Updated September 2017 On September 14, 2017, the Washington Supreme Court ruled in State v.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. Inslee signed the Responsible Teen Communications Act, which reforms the way that Washington state addresses teens sexting, replacing harsh prosecution with evidence-based education and prevention.We have published a new article with additional information about the new law.
Unfortunately, this means that, unless the Legislature amends the statute, any minor involved in sexting continues to be at risk of felony charges.
What if being wrong means five years in jail for your child?
Consensual sexting should not be a crime for teens or adults.
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.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.