(a) A minor commits illegal use of a telecommunication device who:

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Terms Used In Tennessee Code 37-1-148

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Sexually explicit image: means a lewd or lascivious visual depiction of a minor's genitals, pubic area, breast or buttocks, or nudity, if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such nudity. See Tennessee Code 37-1-102
(1) Intentionally or knowingly, by use of a telecommunication device, transmits, distributes, publishes, or disseminates a photograph, video, or other material that contains a sexually explicit image of a minor or an image of sexual activity involving a minor; or
(2) Intentionally possesses a photograph, video, or other material that contains a sexually explicit image of a minor or an image of sexual activity involving a minor.
(b) A minor does not violate subdivision (a)(2) if:

(1) The minor did not solicit the photograph, video, or other material; and
(2) The minor:

(A) Deleted the photograph, video, or other material; or
(B) Reported the photograph, video, or other material to the minor’s parent or legal guardian or to a school or law enforcement official.
(c) Illegal use of a telecommunication device committed under subsection (a) is considered an unruly act, for which a court may make a disposition as authorized by § 37-1-132.
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