Does Colorado's interpretation of what constitutes child pornography violate a teenager's First Amendment right to protected speech and conflict with this Court's First Amendment jurisprudence?

QUESTIONS PRESENTED This case involves teen “sexting” or, more specifically, the exchange of nude and partially nude “selfies” between consenting teenagers.’ Petitioner T.B. was 15 or 16 years old when he asked for and received partially nude selfies from two girls he was dating, one girl was nearly two years older than T.B., and the other was a few months younger. For merely possessing these images, T.B. was found guilty of sexual exploitation of a child (possession of child pornography), was sentenced to two years of sex offender probation, and is required to register as a sex offender. Colorado has broadly construed section 18-6-403, its sexual exploitation of a child statute, to cover a teenaget’s possession of partially nude “selfies” texted to him ot her by other teenagers. This raises two related federal questions. I Does Colorado’s interpretation of what constitutes child pornography violate a teenager’s First Amendment right to protected speech and conflict with this Court’s First Amendment jurisprudence? II. Does petitioner’s adjudication for possession of sexually exploitative material violate the Due Process Clause as no rational trier of fact could view the charged images and conclude these images are child pornography? 1 A “selfie” is “an image of oneself taken by oneself using a digital camera especially for posting on social networks.” “Sexting” is defined as “the sending of sexually explicit messages or images by cell phone.” . As used in this petition, “sexting” will refer to the texting of semi-nude “selfie” photographs between teenagers younger than eighteen. i