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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.
The second sender is clearly the bad actor, but the law treats everyone involved the same, and both can be convicted of a felony.
The court ruled that the statutory language allowed the charges, and deferred to the way the Legislature has written the law.
Unfortunately, this means that, unless the Legislature amends the statute, any minor involved in sexting continues to be at risk of felony charges.
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.