The case of a man who texted a woman an unwanted photo of his genitals tattooed with STRONG E nuf 4 A MAN BUT Made 4 A WOMAN, was dismissed because he sent the photo electronically, not by mail. For those of you now planning to get all crazy with the photos, this decision only applies in Georgia.
A judge ruled that Charles Lee Warren, who was arrested under a 1970 Georgia law that requires all unsolicited nude photos sent through the U.S. mail to have a warning on the outside, faced up to three years in prison after, according to prosecutors, he sent a woman a photo of his penis with the phrase ”STRONG E nuf 4 A MAN BUT Made 4 A WOMAN” tattooed on it. That’s probably E nuf said about that.
Warren’s attorney, Donald Roch , argued that the existing 1970 law violated his client’s constitutionally guaranteed right to free speech. The Supreme Court judge ruled in Warren’s favor, but not for that reason.
The court decided that the existing law does not apply to photos sent electronically, and that since legislation proposed in 2013 to rectify the loophole failed to pass, the criminal charges were unwarranted.
Had Warren faxed the photo of his tattooed genitals, the decision might not have been in his favor.
As it was, prosecutors has the sense to gracefully admit defeat, “We respectfully accept the decision of the Georgia Supreme Court.”