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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if:
(1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private, regardless of whether the person who distributes the image was a party to the agreement or understanding; and
(2) The person depicted in the image suffers emotional distress.
(b) As used in this section:
(1) “Emotional distress” has the same meaning as defined in § 39-17-315;
(2) “Identifiable person” means a person who is identifiable from the image itself or from information transmitted in connection with the image;
(3) “Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and
(4) “Sexually explicit conduct” has the same meaning as defined in § 39-13-301.
(5) “Distribute” means to transfer, publish, disclose, or make accessible;
(6) “Intimate image” means a photograph, video recording, or social media broadcast of:
(A) The intimate part or parts of an identifiable person; or
(B) An identifiable person engaged in sexually explicit conduct;
(c) Nothing in this section precludes punishment under any other section of law providing for greater punishment.
(d) A violation of subsection (a) is a Class A misdemeanor.
(e)(1) Except as provided in subdivision (e)(6), an individual who is the subject of an intimate image that is distributed in violation of subsection (a) may bring a civil action against that person in an appropriate court as set forth in this subsection (e).
(2) For purposes of an action under this subsection (e):
(A) An individual's consent to the creation of the intimate image does not establish that the individual consented to distribution of the intimate image; and
(B) Consent is deemed validly given only if:
(i) The consent is set forth in an agreement written in plain language signed knowingly and voluntarily by the individual depicted in the intimate image; and
(ii) The consent includes a general description of the intimate image to be distributed.
(3) In a civil action filed under this subsection (e), an individual may recover any of the following:
(A) An amount equal to any monetary gain made by the defendant from the distribution of the intimate image;
(B) Either of the following:
(i) The actual damages sustained by the individual as a result of the distribution of the intimate image, including damages for emotional distress; or
(ii) Liquidated damages in the amount of one hundred fifty thousand dollars ($150,000);
(C) Punitive damages, pursuant to § 29-39-104; and
(D) The cost of the action, including reasonable attorney's fees and other reasonably incurred litigation costs.
(4) In a civil action filed under this subsection (e), 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 distribution of the intimate image.
(5) In ordering relief under this subsection (e), the court may grant injunctive relief that maintains the confidentiality of a plaintiff by using a pseudonym.
(6) An identifiable individual shall not bring an action for relief under this subsection (e) relating to:
(A) A distribution the defendant can show was made in good faith:
(i) To or by a law enforcement officer or agency in the course of reporting or investigating:
(a) Unlawful activity; or
(b) Unsolicited or unwelcome conduct; or
(ii) As part of a legal proceeding; or
(B) A distribution made in good faith and reasonably intended to assist the identifiable individual.
(7) A court may authorize an in camera proceeding under this subsection (e).
(8) It is not a defense to an action under this subsection (e) that there is a disclaimer stating that the distribution of the intimate image of the identifiable individual was unauthorized.
(9) For purposes of this subsection (e), 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:
(A) Any action voluntarily taken in good faith to restrict access to or availability of an intimate image;
(B) Any action taken to enable or make available to information content providers or other persons the technical means to restrict access to an intimate image; or
(C) Any content provided by another person in violation of this section.
Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-17-318 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-318/
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.
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