ATLANTA – A man accused of texting an unsolicited picture of his tattooed genitals to a married mother of young children did not commit a crime under a Georgia state nudity law, the state’s Supreme Court ruled on Monday.
Charles Lee Warren faced up to three years in prison after being indicted under a 1970 Georgia law that makes it illegal to send unsolicited nude photographs by mail without a proper warning on the outside of the envelope.
Prosecutors said he texted the picture of his tattooed penis in October 2012 to a woman who then complained to police. According to prosecutors, Warren’s genitals were tattooed with the phrase, “STRONG E nuf 4 A MAN BUT Made 4 A WOMAN.”
The Georgia Supreme Court said the state law did not cover photos sent electronically through a cell phone text message, and justices dismissed the criminal charge in a unanimous decision.
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