Tennessee Code Title 39. Criminal Offenses § 39-17-1904

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

(a) In a civil action filed under this part, an individual may recover any of the following:

(1) An amount equal to the monetary gain made by the defendant from the creation, development, or disclosure of the intimate digital depiction;

(2) Either of the following:

(A) The actual damages sustained by the individual as a result of the intimate digital depiction, including damages for emotional distress; or

(B) Liquidated damages in the amount of one hundred fifty thousand dollars ($150,000);

(3) Punitive damages, pursuant to § 29-39-104; and

(4) The cost of the action, including reasonable attorney's fees and other litigation costs reasonably incurred.

(b) In a civil action filed under this part, a court may, in addition to any other relief available at law, order equitable relief, including a temporary restraining order, a preliminary injunction, or a permanent injunction ordering the defendant to cease display or disclosure of the intimate digital depiction.

(c) In ordering relief under this section, the court may grant injunctive relief maintaining the confidentiality of a plaintiff using a pseudonym.

(d) An identifiable individual shall not bring an action for relief under this section relating to:

(1) A disclosure the defendant can show was made in good faith:

(A) To or by a law enforcement officer or agency in the course of reporting or investigating:

(i) Unlawful activity; or

(ii) Unsolicited or unwelcome conduct; or

(B) As part of a legal proceeding; or

(2) A disclosure made in good faith and reasonably intended to assist the identifiable individual.

(e) A court may authorize an in camera proceeding under this part.

(f) It is not a defense to an action under this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the material.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-1904 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1904/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

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.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

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.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)