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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.

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.

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.

Child pornography laws, originally designed to protect children from adult predators, criminalize both consensual and non-consensual sexting where the person in the photo is under 18. One cannot understate the severity of these penalties when applied to the very minors the law was intended to protect from exploitation.

Because child pornography laws were not intended to address sexting, the legal consequences for teens engaging in sexting are truly bizarre.

A couple should be able to intimately share naked pictures of each other if they so choose.

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.

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