Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) It is an offense for a person to knowingly possess, distribute, or produce technology, software, or digital tools designed for the purpose of creating material that includes a minor engaged in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2)(A) Possession of technology, software, or digital tools in violation of subdivision (a)(1) is a Class E felony.
(B) Distribution of technology, software, or digital tools in violation of subdivision (a)(1) is a Class C felony.
(C) Production of technology, software, or digital tools in violation of subdivision (a)(1) is a Class B felony.
(b) In determining whether technology, software, or digital tools are designed for the purpose of creating material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:
(1) Statements by the defendant concerning its use;
(2) The existence of material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive in the defendant's possession;
(3) Instructions, oral or written, provided with the technology, software, or digital tools concerning its use;
(4) Descriptive materials accompanying the technology, software, or digital tools that explain or depict its use;
(5) The manner in which the technology, software, or digital tools were advertised or offered when obtained by the defendant;
(6) The existence and scope of legitimate uses for the technology, software, or digital tools in the community; and
(7) Expert testimony concerning use of the technology, software, or digital tools.
Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-1009 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1009/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Make It a Preferred Google Search Source
Add to GoogleGet help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)