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Devoted partners sharing an intimate photograph face the same punishment as a bully who maliciously sends a naked picture of an ex to the entire school.

Both the consenting teen couple and the bully can be convicted of felonies under the law.

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Education about the consequences of one’s actions and shifting social norms are the keys to curbing the tide, not incarceration.

Moreover, with nearly one in four teenagers admitting to sexting, would any parent want to play the odds in believing that their child would never do such a thing?

Closer to home, Thurston County prosecutors initially charged 13- and 14-year-olds with felony distribution of child pornography after a sexting incident in a Lacey middle school. In May 2017, the Washington Supreme Court heard argument in a case that challenges whether a minor can be prosecuted under child pornography laws for taking and sending a picture of himself.

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.

_____Updated June 2017 Sexting is a new twist on the timeless desire of teens and adults to engage in sexual expression.

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.We expect the case, to be decided sometime this year.