Tennessee Code Title 39. Criminal Offenses § 39-17-1906

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

(a) It is an offense to disclose or threaten to disclose or solicit the disclosure of an intimate digital depiction:

(1) With the intent to harass, annoy, threaten, alarm, or cause substantial harm to the finances or reputation of the depicted individual; or

(2) With actual knowledge that, or reckless disregard for whether, such disclosure or threatened disclosure will cause physical, emotional, reputational, or economic harm to the depicted individual.

(b) A violation of subsection (a):

(1) Is a Class E felony; or

(2) Is a Class C felony, in the case of a violation in which the creation, reproduction, or distribution of the intimate digital depiction could be reasonably expected to:

(A) Affect the conduct of any administrative, legislative, or judicial proceeding of a governmental agency, including the administration of an election; or

(B) Facilitate violence.

(c) It is not a defense to prosecution 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.

(d) For purposes of this section, a provider of an interactive computer service, as defined in 47 U.S.C. § 230, or an information service or telecommunications service, as defined in 47 U.S.C. § 153, is not liable on account of:

(1) Any action voluntarily taken in good faith to restrict access to or availability of intimate digital depictions;

(2) Any action taken to enable or make available to information content providers or other persons the technical means to restrict access to intimate digital depictions; or

(3) Any content provided by another person in violation of this section.

(e) This section does not prohibit prosecution and conviction under another criminal statute.

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-1906 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1906/

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