Minors' Nude Selfies Can Be Considered CP, Wash. Supreme Court Rules

Minors' Nude Selfies Can Be Considered CP, Wash. Supreme Court Rules

OLYMPIA, Wash. — Minors who send sexually explicit photographs of themselves to other persons can face child pornography charges, the Washington State Supreme Court ruled on Thursday.

Attorneys for Eric Gray, who at 17 sent a selfie of his erect penis to a 22-year-old woman in Spokane, Wash., contended it was “a case of innocent sharing of sexual images between teenagers” and that the statute he was charged with — RCW 9.68A.050 — “did not anticipate minors who take and transmit sexually explicit images of themselves.”

Gray was arrested, charged and found guilty of the CP offenses after the woman complained of being harassed with texts and transmitted pics for more than a year.

Reaching the high court, the case attracted the attention of a number of groups, including the Washington chapter of the American Civil Liberties Union, which filed a joint amicus brief on Gray’s behalf, arguing that the statute is constitutionally overbroad.

In Gray’s case, the state Supreme Court affirmed, 6-3, an appellate decision that concluded the Legislature intended to eliminate all CP along the distribution chain by passing the statute Gray was found guilty of committing.  

The ruling also emphasized that because CP is not protected by the First Amendment the statute did not violate Gray’s right to free expression.

“We understand the concern over teenagers being prosecuted for consensually sending sexually explicit pictures to each other,” said Justice Susan Owens, who wrote for the majority. “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. Because he was not a minor sending sexually explicit images to another consenting minor, we decline to analyze such a situation.”

Justice Sheryl Gordon McCloud, who wrote the dissent opinion, said the majority’s conclusion would produce “absurd results.”

“The majority's interpretation punishes children who text sexually explicit depictions of their own bodies to adults far more harshly that it punishes adults who do the same thing,” McCloud wrote. “It punishes children who text such depictions of their own bodies to adults even more harshly than adults who text such sexually explicit photos to children. It even punishes the child who is groomed and led into taking such photos and forwarding them to the grooming adult!”

Industry attorney Lawrence Walters of Walters Law Group told XBIZ that most states "have passed some type of 'sexting' law that provide prosecutors with an alternative when confronted with a minor who transmits self-made erotica."

"These laws often treat the activity as a misdemeanor or civil penalty that more appropriately addresses the behavior," Walters said. "While charging minors with production of child pornography remains a legal option, that seems to be a stark abuse of prosecutorial discretion in most instances.

"Children should not be punished worse than adults who engage in the same type of behavior." 

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

2027 XBIZ Exec Awards Pre-Nominations Period Opens

XBIZ is pleased to announce that the pre-nomination period for the 2027 XBIZ Exec Awards, the adult industry’s preeminent career honors, begins Wednesday and runs through Oct. 14.

Takedown Piracy Reports Infiltration, Monitoring of 'Mega.nz' Pirated Content

Takedown Piracy has reported that the organization has successfully infiltrated Mega.nz folders and identified and removed thousands of instances of stolen content.

Pornhub Unblocks Australia Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in Australia will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s Australian age-verification process.

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

Minister: UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Show More