The Supreme Court of Georgia has dismissed a criminal case against a man who doesn't deny he texted an unwanted photo of his penis to a woman.
There was never any doubt that the member in question belonged to Charles Lee Warren, who has a penis tattoo that reads, "STRONG E nuf 4 A MAN BUT Made 4 A WOMAN."
But although the defense agreed Warren had indeed sexted his creatively spelled deodorant slogan to the victim, Georgia's felony obscenity law doesn't apply to text messages and other electronic communications.
"The specific prohibition is clearly aimed at tangible material that is delivered in a tangible manner... and because appellant did not send anything through the mail, he did not violate this prohibition," the court's opinion read.
Georgia's only obscenity law, passed in 1970, also requires that sexts-by-mail be delivered in an envelope or container with a warning in "eight-point boldface type."
No word on the point size of the warning label on Warren's package.