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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.

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At that point, sexting is neither consensual nor innocuous.

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.

Unfortunately, this means that, unless the Legislature amends the statute, any minor involved in sexting continues to be at risk of felony charges.

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.

For minors, unfortunately, sexting is an entirely different matter.

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