Criminal Offenses - As enacted, creates a criminal offense of possessing, distributing, or producing technology, software, or digital tools designed for the purpose of creating material that includes a minor engaged in s, the official text

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                             PUBLIC CHAPTER NO. 257

                                                     SENATE BILL NO. 741

        By Yager, Watson, Stevens, Haile, Hatcher, Hensley, Massey, Reeves, Rose, White

                                             Substituted for: House Bill No. 769

                                               By Littleton, Hardaway, Farmer

AN ACT to amend Tennessee Code Annotated, Title 39, relative to criminal offenses.

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

          SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 10, is amended by adding
the following new section:

                    (a)(1) It is an offense for a person to knowingly possess, distribute, or produce
                    technology, software, or digital tools designed for the purpose of creating material that
                    includes a minor engaged in:

                                        (A) Sexual activity; or

                                        (B) Simulated sexual activity that is patently offensive.

                              (2)(A) Possession of technology, software, or digital tools in violation of
                              subdivision (a)(1) is a Class E felony.

                                        (B) Distribution of technology, software, or digital tools in violation of
                              subdivision (a)(1) is a Class C felony.

                                        (C) Production of technology, software, or digital tools in violation of
                              subdivision (a)(1) is a Class B felony.

                    (b) In determining whether technology, software, or digital tools are designed for the
          purpose of creating material that includes a minor engaged in sexual activity or simulated
          sexual activity that is patently offensive, the court or other authority making that determination
          shall, in addition to all other logically relevant factors, consider the following:

                              (1) Statements by the defendant concerning its use;

                              (2) The existence of material that includes a minor engaged in sexual activity or
                    simulated sexual activity that is patently offensive in the defendant's possession;

                              (3) Instructions, oral or written, provided with the technology, software, or digital
                    tools concerning its use;

                               (4) Descriptive materials accompanying the technology, software, or digital
                    tools that explain or depict its use;

                               (5) The manner in which the technology, software, or digital tools were
                    advertised or offered when obtained by the defendant;

                               (6) The existence and scope of legitimate uses for the technology, software, or
                    digital tools in the community; and

                               (7) Expert testimony concerning use of the technology, software, or digital tools.

          SECTION 2. This act takes eff~ct July 1, 2025, the public welfare requiring it.
         SENATE BILL NO. 741

PASSED:  April 14, 2025

                               SPEAKERO         NALLY
                                                ENATE

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

/lpnf dll/tf... APPROVED this             2025
         day of

         11.ic l,L#
                      BILL LEE, GOVERNOR