Alexander appealed his obscenity conviction based on sexually explicit text messages he sent to an unidentified recipient. He argued the evidence was insufficient because the statute does not make it a crime to send sexually explicit text messages to a consenting adult. The Pennsylvania Superior Court agreed and reversed. The Court focused on the statute’s phrase “obscene material” and ruled that even if the texts were “obscene,” private and consensual text messages between two adults are not “material” within the meaning of subsection 5903(b).
