Charles Lee Warren, who texted a photo of his tattooed penis to a woman in 2012, was charged under a 1970 law that prohibits sending material depicting nudity or sexual conduct unless the envelope or container has a clear warning of its contents, the Atlanta Journal-Constitution reported Monday.
The woman reported the picture to police, who then arrested Warren.
Warren faced up to three years in prison if convicted on the felony charge.
The court unanimously ruled the law cannot be applied to Warren's case because the prohibition applies to "tangible material that has a tangible envelope or container on which the required notice can be imprinted."
"This conclusion is reinforced by the fact that the imprinted notice on the envelope or container must be in 'eight-point boldface type' and must say that the 'container' should be 'returned' to the sender if the addressee does not want to 'open' it," the court found. "We thus conclude that the general prohibition of the statute does not apply to the text message that (Warren) sent in this case."
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