Nude Selfies Can Be Considered Child Porn, Washington Supreme Court Rules

SEATTLE, WA - The state Supreme Court on Thursday issued an opinion that upholds the sentence of a Spokane-area man who sent a picture of his penis to a woman, but the decision has ramifications for teen smartphone owners across the state. Eric Gray was 17 when he sent the picture, and so prosecutors charged him with second-degree dealing in depictions of a minor engaged in sexually explicit conduct.

Essentially, prosecutors said Gray was producing child porn when he took a picture of his underage penis and texted it to the woman (Gray was also facing charges of harassment and indecent exposure, but those were dropped during the case). The state Supreme Court's ruling means that any teen with a smartphone who engages in sexting could be considered a child porn producer.

Outside groups, including the American Civil Liberties Union, took an interest in the case and filed briefs in support of Gray. The outside groups argued that criminalizing consensual sexual activity between teens, including sexting.

The state Supreme Court majority however, said that the court's hands were tied. The judges could only rule on the literal meaning of Washington's law on child porn as it applies to Gray's actions.

"We also understand the worry caused by a well-meaning law failing to adapt to changing technology. But our duty is to interpret the law as written and, if unambiguous, apply its plain meaning to the facts before us. Gray's actions fall within the statute's plain meaning," the court wrote.

"Because [Gray] was not a minor sending sexually explicit images to another consenting minor, we decline to analyze such a situation."

The final decision was 6-3. In the dissenting opinion, Justice Sheryl McCloud wrote that the state Legislature in writing the child porn law likely did not intend to punish sexting-like behavior. McLoud said the majority opinion would produce "absurd results."

"In short, the majority's interpretation punishes the most vulnerable participant - the depicted child - no matter what personal pressures or personal demons (Gray suffers from Asperger's syndrome) compelled the child to do it," she wrote.

'That cannot be what the legislature intended. I therefore respectfully dissent."

Image via Pixabay