Amends TCA Title 39, Chapter 13.
This bill revises the offense of unlawful photography. Under present law, it is the offense of unlawful photography for a person to knowingly photograph, or cause 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: (1) 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 (2) Was taken for the purpose of sexual arousal or gratification of the defendant. This bill adds the offense is also committed if a person knowingly photographs, or causes 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 legal guardian, if the photograph: (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual; (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person. Under present law, a violation of the offense of unlawful photography is a Class A misdemeanor; however, the penalty is enhanced as follows: (1) Class E felony if the defendant disseminates or permits the dissemination of the photograph to any other person; or the victim of the offense is under 13 years of age at the time of the offense; and (2) Class D felony if the defendant disseminates or permits the dissemination of the photograph to any other person; and the victim of the offense is under 13 years of age at the time of the offense. This bill adds that in the circumstances added by this bill, the offense will be a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation.
This bill revises the offense of unlawful photography. Under present law, it is the offense of unlawful photography for a person to knowingly photograph, or cause 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: (1) 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 (2) Was taken for the purpose of sexual arousal or gratification of the defendant. This bill adds the offense is also committed if a person knowingly photographs, or causes 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 legal guardian, if the photograph: (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual; (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person. Under present law, a violation of the offense of unlawful photography is a Class A misdemeanor; however, the penalty is enhanced as follows: (1) Class E felony if the defendant disseminates or permits the dissemination of the photograph to any other person; or the victim of the offense is under 13 years of age at the time of the offense; and (2) Class D felony if the defendant disseminates or permits the dissemination of the photograph to any other person; and the victim of the offense is under 13 years of age at the time of the offense. This bill adds that in the circumstances added by this bill, the offense will be a Class B misdemeanor for a first violation and a Class A misdemeanor for a second or subsequent violation.
Track Tennessee Legislation Like a Pro
Join hundreds of professionals using LegisGo to stay ahead of legislative changes.
Instant Alerts
Get notified when bills you track move through the legislature
AI Summaries
Understand complex legislation in seconds with AI-powered analysis
Full Access
All 132 legislators, committee schedules, and voting records