The man who sent an unsolicited picture of his tattooed penis to a Cherokee County woman won his appeal, with the Georgia Supreme Court agreeing the Georgia code is "not applicable to electronic text messaging."
The Court heard the appeal back in November.
Charles Leo Warren III reportedly has this tattoo on that body part: "STRONG E nuf 4 A MAN BUT Made 4 A WOMAN."
Warren was charged with unlawful "Distribution of Material Depicting Nudity or Sexual Conduct" for transmitting a "digital image of said accused's genitals, without the notice of contents as required by Official Code ... 16-12-8."
The law requires this notice in at least "eight-point boldface type": "Notice -- The material contained herein depicts nudity or sexual conduct. If the viewing of such material could be offensive to the addressee, this container should not be opened but returned to the sender."
However, Chief Justice Hugh Thompson wrote that the illicit text isn't included under the Georgia code "merely because that form of communication did not exist when § 16-12-81 was enacted in 1970,” today’s opinion says.