Selected Statutes: Tennessee

(a)(1) It is an offense for a person knowingly to photograph, or cause to be photographed, an individual, when the individual has a reasonable expectation of privacy, 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)(i) Would offend or embarrass an ordinary person if the person appeared in the photograph; and
 

(ii) Was taken for the purpose of sexual arousal or gratification of the defendant; or
 

(B) Includes the unclothed intimate area of the individual or the individual engaged in sexual activity, as defined in § 39-17-1002, and the person knew that the photograph would include such content.
 

(2) It is an offense for a person knowingly to photograph, or cause to be photographed, an individual, when the individual has a reasonable expectation of privacy, 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.
 

(3) It is an offense for a person knowingly to 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 legal guardian, if the photograph:
 

(A) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and
 

(B) Was taken for the purpose of sexual arousal or gratification of the defendant.
 

(b)(1) As used in this section:
 

(A) “Photograph” means any photograph or photographic reproduction, whether taken using digital media or conventional film, still or moving, or any videotape, live television transmission, or social media broadcast of any individual;
 

(B) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person; and
 

(C) “Disseminate” means to transfer, publish, or otherwise make accessible.
 

(2) As used in this section, an individual has a reasonable expectation of privacy, regardless of the location where a photograph is taken, if:
 

(A) The photograph is taken in a manner that would offend or embarrass a reasonable person; and
 

(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.
 

(c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, disposed of in accordance with § 18-1-206.
 

(d)(1)(A) A violation of subdivision (a)(1) or (a)(3) is a Class E felony.
 

(B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor.
 

(2) A violation of subdivision (a)(1) is a Class D felony if:
 

(A) The defendant disseminates or permits the dissemination of the photograph to any other person; or
 

(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
 

(C) A minor under thirteen (13) years of age was used by the defendant to facilitate a violation of subdivision (a)(1) or (a)(3).
 

(3) A violation of subdivision (a)(1) is a Class C felony if:
 

(A) The defendant disseminates or permits the dissemination of the photograph to any other person; and
 

(B)(i) The victim of the offense is under thirteen (13) years of age at the time of the offense; or
 

(ii) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and used the position of trust or power to accomplish the unlawful photography.
 

(e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
 

(f) In addition to the punishment provided for a person who commits unlawful photography pursuant to subdivision (a)(1) or (a)(3), the trial judge shall order that the person be required to register as a sexual offender pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
 

(g) Prosecution for a violation of this section must commence as provided in title 40, chapter 2. Pursuant to § 40-2-103, the statute of limitations is tolled for any period during which the defendant conceals the crime until such time at which the victim discovers the crime.