Tennessee Code Title 39. Criminal Offenses § 39-17-1903

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) Except as provided in subsection (d), an individual who is the subject of an intimate digital depiction that is intentionally disclosed without the consent of the individual, where such disclosure was made by a person who knows that, or recklessly disregards whether, the individual has not consented to such disclosure, may bring a civil action against that person in an appropriate court as set forth in § 39-17-1904.

(b) In the case of an individual who has not attained eighteen (18) years of age or is incompetent, incapacitated, or deceased, the legal guardian of the individual or representative of the individual's estate, another family member, or any other person appointed as suitable by the court, may assume the individual's rights under this section, but in no event may the defendant be named as such representative or guardian.

(1) An individual's consent to the creation of the intimate digital depiction does not establish that the individual consented to its disclosure; and

(2) Consent is deemed validly given only if:

(A) The consent is set forth in an agreement written in plain language signed knowingly and voluntarily by the depicted individual; and

(B) The consent includes a general description of the intimate digital depiction and, if applicable, the visual work into which the digital depiction will be incorporated.

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-1903 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1903/

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