Amends TCA Title 39, Chapter 13, Part 6.

Under present law, it is generally a Class A misdemeanor offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual has a reasonable expectation of privacy, without prior consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parents or guardian, if the photograph:<br /> <br /> (1) Would offend or embarrass an ordinary person if such person appeared in the photograph; and <br /> <br /> (2) Was taken for the purpose of sexual arousal or gratification of the defendant. <br /> <br /> The offense of unlawful photography is enhanced to a Class E felony if:<br /> <br /> (1) The defendant disseminates or permits the dissemination of the photograph to any other person; or <br /> <br /> (2) The victim of the offense is under 13 years of age at the time of the offense. <br /> <br /> The offense of unlawful photography is enhanced to a Class D felony if:<br /> <br /> (1) The defendant disseminates or permits the dissemination of the photograph to any other person; and <br /> <br /> (2) The victim of the offense is under 13 years of age at the time of the offense. <br /> <br /> For the purposes of the offense of unlawful photography:<br /> <br /> (1) "Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual; and <br /> <br /> (2) An individual has a reasonable expectation of privacy, regardless of the location where a photograph is taken, if the photograph is taken in a manner that would offend or embarrass a reasonable person and depicts areas of the individual's body, clothed or unclothed, that would not be visible to ordinary observation but for the offensive or embarrassing manner of photography.<br /> <br /> This bill:<br /> <br /> (1) Revises the offense of unlawful photography to remove the element that there be a reasonable expectation of privacy and to provide that a person commits unlawful photography by knowingly photographing, or causing to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or guardian, if the photograph:<br /> <br /> (A) Would offend or embarrass an ordinary person if the person appeared in the photograph or is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and<br /> <br /> (B) Was taken for the purpose of sexual arousal or gratification of the defendant;<br /> <br /> (2) Adds to the definition of "photograph" by specifying that a photograph may be taken using digital media or conventional film and by including social media broadcast of an individual; and <br /> <br /> (3) Removes the provision providing that an individual has a reasonable expectation of privacy, regardless of location where the photograph is taken, if:<br /> <br /> (A) The photograph is taken in a manner that would offend or embarrass a reasonable person; and <br /> <br /> (B) The photograph depicts areas of the individual's body, clothed or unclothed, that would not be visible to ordinary observation but for the offensive or embarrassing manner of photography.<br />