Criminal Offenses - As enacted, revises present law relative to unlawful photography. - Amends TCA Section 39-13-605 and Title 40, Chapter 39, Part 2. HB0099 has been assigned Public Chapter Number 474 by the Secretary o, the official text

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~tate of \!tennessee

PUBLIC CHAPTER NO. 474

                                                   HOUSE BILL NO. 99

    By Representatives Bulso, Moody, Hardaway, McCalmon, Crawford, Cepicky, Todd,
                        Alexander, Powell, Helton-Haynes, Chism, Terry, Howell

                                        Substituted for: Senate Bill No. 685

                   By Senators White, Bailey, Bowling, Gardenhire, Jackson, Rose

         AN ACT to amend Tennessee Code Annotated, Section 39-13-605 and Title 40, Chapter
39, Part 2, relative to unlawful photography.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 39-13-605(a), is amended by deleting
the subsection and substituting:

                    (1) It is an offense for a person knowingly to photograph, or cause to be
          photographed, an individual, when the individual has a reasonable expectation of
          privacy, without the prior effective consent of the individual, or in the case of a minor,
          without the prior effective consent of the minor's parent or legal guardian, if the
          photograph:

                                (A)

                                        (i) Would offend or embarrass an ordinary person if the person
                              appeared in the photograph; and

                                        (ii) Was taken for the purpose of sexual arousal or gratification of
                              the defendant; or

                              (B) Includes the unclothed intimate area of the individual or the individual
                    engaged in sexual activity, as defined in§ 39-17-1002, and the person knew that
                    the photograph would include such content.

                    (2) It is an offense for a person knowingly to photograph, or cause to be
          photographed, an individual, when the individual has a reasonable expectation of
          privacy, without the prior effective consent of the individual, or in the case of a minor,
          without the prior effective consent of the minor's parent or legal guardian, if the
          photograph:

                               (A) Includes the unclothed intimate area of the individual and would be
                     considered offensive or embarrassing by the individual;

                               (B) Was taken for the purpose of offending, intimidating, embarrassing,
                     ridiculing, or harassing the victim; and

                               (C) Was disseminated by the defendant, the defendant threatened to
                     disseminate the photograph, or the defendant permitted the dissemination of the
                     photograph to another person.

                     (3) It is an offense for a person knowingly to photograph, or cause to be
           photographed, an individual without the prior effective consent of the individual, or in the
           case of a minor, without the prior effective consent of the minor's parent or legal
           guardian, if the photograph:

                               (A) Is focused on the intimate area of the individual and would be
                     considered offensive or embarrassing by the individual; and
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                              (B) Was taken for the purpose of sexual arousal or gratification of the
                    defendant.

          SECTION 2. Tennessee Code Annotated, Section 39-13-605(b), is amended by
redesignating the subsection as subdivision (b)(1) and adding the following new subdivision:

                    (2) As used in this section, an individual has a reasonable expectation of privacy,
          regardless of the location where a photograph is taken, if:

                              (A) The photograph is taken in a manner that would offend or embarrass
                    a reasonable person; and

                              (B) The photograph depicts areas of the individual's body, clothed or
                    unclothed, that would not be visible to ordinary observation but for the offensive
                    or embarrassing manner of photography.

          SECTION 3. Tennessee Code Annotated, Section 39-13-605(c), is amended by deleting
"destroyed" and substituting "disposed of in accordance with § 18-1-206".

          SECTION 4. Tennessee Code Annotated, Section 39-13-605(d)(1 )(A), is amended by
deleting the subdivision and substituting:

                     (A) A violation of subdivision (a)(1) or (a)(3) is a Class E felony.

           SECTION 5. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by
deleting the language "A violation of subdivision (a)(1) is a Class E felony if:" and substituting:

                     A violation of subdivision (a)(1) or (a)(3) is a Class D felony if:

           SECTION 6. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by
 adding the following as a new subdivision:

                     (C) A minor under thirteen (13) years of age was used by the defendant to
           facilitate a violation of subdivision (a)(1) or (a)(3).

           SECTION 7. Tennessee Code Annotated, Section 39-13-605(d)(3), is amended by
 deleting the language "A violation of subdivision (a)(1) is a Class D felony if:" and substituting:

                     A violation of subdivision (a)(1) or (a)(3) is a Class C felony.

           SECTION 8. Tennessee Code Annotated, Section 39-13-605, is amended by deleting
 subdivision (d)(3)(B) and substituting:

                     (B)

                               (i) The victim of the offense is under thirteen (13) years of age at the time
                     of the offense; or

                               (ii) The defendant was, at the time of the offense, in a position of trust, or
                     had supervisory or disciplinary power over the victim by virtue of the defendant's
                     legal, professional, or occupational status and used the position of trust or power
                     to accomplish the unlawful photography.

           SECTION 9. Tennessee Code Annotated, Section 39-13-605, is amended by deleting
 subsection (f) and substituting:

                      In addition to the punishment provided for a person who commits unlawful
           photography pursuant to subdivision (a)(1) or (a)(3), the trial judge shall order that the
           person be required to register as a sexual offender pursuant to the Tennessee Sexual
           Offender and Violent Sexual Offender Registration, Verification and Tracking Act of
           2004, compiled in title 40, chapter 39, part 2.

           SECTION 10. Tennessee Code Annotated, Section 40-39-202(20), is amended by
 adding the following as a new subdivision:

                                                                  2
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                    (C) The commission of an act that, on or after July 1, 2025, constitutes the

          criminal offense of unlawful photography, under§ 39-13-605(a)(1) or (a)(3).
          SECTION 11. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to acts committed on or after that date.

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         HOUSE BILL NO. - -99 - -

PASSED:  April 22, 2025

                         ~£

                          CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

                                          RANDY MCNAL~Y
                             SPEAKER OF THE SENA

£ Ma, APPROVED this      "3
         day of                    2025

         ~ ~ '·~

BILL LEE, GOVERNOR