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State f/Jennessee
PUBLIC CHAPTER NO. 712
SENATE BILL NO. 2041
By Rose, Gardenhire
Substituted for: House Bill No. 2012
By Littleton, Lamberth, Davis, Reneau
AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, relative to
unlawful exposure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-318, is amended by adding the
following new subsection:
(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;
(8) 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.
SB 2041
(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;
(8) 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.
SECTION 2. Tennessee Code Annotated, Section 39-17-318(b), is amended by adding the
following as new subdivisions:
( ) "Distribute" means to transfer, publish, disclose, or make accessible;
( ) "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;
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it, and applies to
causes of action arising on or after that date.
2
SENATE BILL NO. 2041
PASSED: March 30, 2026
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SPEAKER OF THE .S
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CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
(}-pri 4 APPROVED this f E:f1:. day of I 2026
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