Some 6th graders may face serious felony charges over a sexting incident. A 12-year-old at Skyview Middle School in Falcon District 49 received a picture of another pre-teen posing naked. That student then forwarded that photo to his friend's cell phone and it spread like wildfire. 11 News first brought you the story on Wednesday.

The case, as of Thursday afternoon, is under review. Dan May, the 4th Judicial District Attorney tells 11 News that he’ll make a decision in a week or so if any of these kids should be prosecuted. He says in past cases, instead of pursuing charges, the teens were sent to a class about the dangers of sexting.

The students, who forwarded the picture to their friends’ cell phones, which is reportedly more than a dozen, could become registered sex offenders if they're convicted.

It's a crime to distribute of pictures of underage children, nude pictures. That’s child pornography," says State Attorney General John Suthers. But, he says that issue becomes clouded when kids are the ones sending the inappropriate pictures.

“What's happening with sexting is that young, naive people are not knowing what the ramifications are," says Suthers.

Ultimately, he says it's up to prosecutors if a child, like in this case at Skyview Middle School, could be charged with a sex offense. He points out their presumed innocence will likely play a key factor in a possible lesser punishment.

Craig Edick says his son received the text on Monday night and by Tuesday, the message was sent around the school.

Edick says his son was taken into the principal's office, questioned by the school resource officer and had his phone taken all before the dad was notified. “I as a parent ask the school why they didn't get me involved immediately. I'm not okay with the fact that a 12-year-old child was interrogated and had evidence confiscated from him, which could lead to felony charges," Edick told 11 News.

The school says when they found out about the picture, they took action immediately. “Our policy says we know our kids will have cell phones, but they must be turned off during the day. If they turn them on and use for obscene purposes or it disrupts the educational flow, there could be ramifications," said D-49 Safety and Emergency Coordinator, David Watson.

Edick says he hopes all parents are listening to his story. His son is suspended for three days. Colorado Springs police tell 11 News they're investigating the incident and the District Attorney’s office will decide if charges will be filed.

Police say that parents need to talk with their kids about sexting and the consequences. The potential charges for sexting are sexual exploitation of a child, promotion of obscenity to a minor or unlawful sexual contact.

Police and the school can't talk about who the 12-year-old girl is who posed in the picture, but Edick says it was a girl who was a former student, who now lives out-of-state.

What should a child do if an inappropriate text shows up in your child’s phone? Don't forward it and tell your child to tell you and tell the police.

A pro-active approach for any parent is to turn off picture messaging on your child's cell phone. Just call your cell phone company.