Three federal judges are to judge on Friday  the first case of “sexting” as a crime. The judgement is set to come to a U.S. appeals court in a dispute over images of three teenage girls sent by cell phone.

Justices will decide if you can accuse the girls of child pornography. The American Civil Liberties Union says the photos are harmless, and anyway the girls are victims. Defense attorneys have argued that girls did not distribute the photos, which show two of them, aged 12, in sports bras and a 16 year old showing her breasts. Wyoming County prosecutors say the images are dangerous because they could reach the hands of sexual abusers.

They ordered 16 public school students to attend classes in re-education, or face trial. Three families appealed the order.