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

Adult Chat Platform Arousr Sets Human-Only Host Policy

Adult chat platform Arousr has announced a policy to only use verified human hosts, not chatbots.

Arizona State Legislator Proposes Porn Ban

A member of Arizona’s House of Representatives on Wednesday introduced a bill that would make it illegal to produce or distribute adult content in that state.

SinfulXAI to Launch New AI Generator

AI companion platform SinfulXAI has announced its new AI video generator, launching in February.

SCOTUS Won't Hear Appeal in NYC Adult Businesses Zoning Case

The U.S. Supreme Court has declined to hear an appeal by a group of adult businesses of a lower court’s decision allowing enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

AEBN Publishes Popular Searches for November, December

AEBN has published the top search terms for November and December from its straight and gay theaters in all 50 states and the District of Columbia.

X3 Expo Day 2 Delivers Stars, Screenings and Fan Favorites

The sun once again shone brightly on the historic Hollywood Palladium as throngs of avid fans made their way through the doors, ready to experience Day 2 of the 2026 X3 Expo.

X3 Expo Kicks Into Gear With an All-Star Lineup

Outside the historic Hollywood Palladium on Friday, a huge crowd of fans lined Sunset Boulevard, eagerly awaiting the opening of the 2026 X3 Expo and their big chance to meet the cream of the crop of adult stars.

2026 XBIZ Honors Salutes Resilience Across the Online Adult Industry

The 2026 XBIZ Honors packed house Wednesday night, turning the Kimpton Everly Hotel’s Nichols Ballroom into a gala celebration of industry excellence.

Elevated X Integrates CCBill for Payment Processing

Elevated X has added CCBill payment processing integration to its ELXNexus traffic management and affiliate software.

Florida Congressman Files Latest Bill to Repeal Section 230

Rep. Jimmy Patronis of Florida has become the latest member of Congress to propose legislation that would repeal Section 230 of the Communications Decency Act, which protects interactive computer services — including adult platforms — from liability for user-generated content.

Show More