A man who sent a woman a picture of his tattooed man-hood did not commit a crime, US Supreme Court judges have ruled.
According to prosecutors, Charles Lee Warren’s X-rated inking read: “STRONG E nuf 4 A MAN BUT Made 4 A WOMAN.”
He had been warned he faced up to three years’ jail time after being indicted under a 1970 Georgia state law that makes it illegal to send unsolicited unclad photographs by mail without a proper warning on the outside of the envelope.
Prosecutors said he sent the text to the woman, a married mum, in October 2012, and she was so horrified she complained to police.
But the Georgia Supreme Court said the law did not cover photos sent from mobile phones and the charges were dismissed.
The defendant’s attorney, Donald Roch, had also challenged the law on the grounds that it violated his client’s First Amendment guarantee of free speech.
“Obviously, we’re pleased with the ruling,” he said.
Cherokee County District Attorney Shannon Wallace said in a statement: “We respectfully accept the decision of the Georgia Supreme Court.”
Legislation proposed last year to amend the law to include pictures transmitted electronically was not passed, according to assembly records.