(a) It is an offense 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 legal guardian, if the photograph:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class D felony2 to 12 yearsup to $5,000
class E felony1 to 6 yearsup to $3,000
class A misdemeanorup to 11 monthsup to $2,500
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-13-605

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Effective consent: means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. See Tennessee Code 39-11-106
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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 under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1)

(A)

(i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or
(ii) 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; or
(2)

(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.
(b) As used in this section:

(1) “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; and
(2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.
(d)

(1)

(A) A violation of subdivision (a)(1) is a Class A misdemeanor.
(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 E 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.
(3) 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; and
(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(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 the misdemeanor unlawful photographing pursuant to subdivision (a)(1), the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, 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.
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