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PUBLIC CHAPTER NO. 466
SENATE BILL NO. 1346
By Yarbro, Haile, Campbell, Akbari, Bailey, Bowling, Reeves, Rose, White
Substituted for: House Bill No. 1299
By Lamberth, Powell, Hale, Brooks, Sherrell, Hardaway, Maberry, Littleton, Camper, Doggett,
Eldridge, Howell, Alexander, Cochran, Crawford, Reedy, Terry, White, Davis, McCalmon, Haston,
Todd, Chism, Garringer, Renea Jones, Moody, Parkinson, Helton-Haynes, Cepicky
AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, Chapter 17, relative to the
unauthorized use of deepfake or actual likeness.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, is amended by adding the
following as a new part:
39-17-1901. Short title.
This part is known and may be cited as the "Preventing Deepfake lmages Act."
39-17-1902. Part definitions.
As used in this part:
(1) "Consent" means an affirmative, conscious, and voluntary authorization
made by the individual free from force, fraud, misrepresentation, or coercion;
(2) "Deepfakes" means videos, images, or audio files that have been
generated or manipulated by artificial intelligence in order to realistically portray
something that did not actually occur;
(3) "Depicted individual" means an individual who, as a result of digitization or
by means of digital manipulation, appears in whole or in part in an intimate digital
depiction and who is identifiable by virtue of the person's face, likeness, or other
distinguishing characteristic, such as a unique birthmark or other recognizable
feature, or from information displayed in connection with the digital depiction;
(4) "Digital depiction" means a realistic visual depiction of an individual that
has been created or altered using digital manipulation and includes stored data which
is capable of conversion into a visual image;
(5) "Disclose" means to transfer, publish, distribute, or make accessible;
(6) "Intimate digital depiction" means a digital depiction of an individual that
has been created or altered using digital manipulation and that appears to depict:
(A) The uncovered genitals, pubic area, anus, or postpubescent
female nipple of an identifiable individual;
(B) The display or transfer of bodily sexual fluids:
(i) Onto any part of the body of an identifiable individual; or
(ii) From the body of an identifiable individual; or
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(C) An identifiable individual engaging in sexually explicit conduct; and
(7) "Sexually explicit conduct" means graphic sexual intercourse, including
genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the
same or opposite sex, or lascivious simulated sexual intercourse where the genitals,
breast, or pubic area of any person is exhibited; graphic or lascivious simulated
bestiality, masturbation, or sadistic or masochistic abuse; or graphic or simulated
lascivious exhibition of the anus, genitals, or pubic area of any person.
39-17-1903. Civil action - Consent.
(a) Except as provided in subsection (d), an individual who is the subject of an
intimate digital depiction that is intentionally disclosed without the consent of the individual,
where such disclosure was made by a person who knows that, or recklessly disregards
whether, the individual has not consented to such disclosure, may bring a civil action against
that person in an appropriate court as set forth in§ 39-17-1904.
(b) In the case of an individual who has not attained eighteen (18) years of age or is
incompetent, incapacitated, or deceased, the legal guardian of the individual or
representative of the individual's estate, another family member, or any other person
appointed as suitable by the court, may assume the individual's rights under this section, but
in no event may the defendant be named as such representative or guardian.
(c) For purposes of an action under this section:
(1) An individual's consent to the creation of the intimate digital depiction does
not establish that the individual consented to its disclosure; and
(2) Consenl is deemed validly given only if:
(A) The consent is set forth in an agreement written in plain language
signed knowingly and voluntarily by the depicted individual; and
(B) The consent includes a general description of the intimate digital
depiction and, if applicable, the visual work into which the digital depiction will
be incorporated.
39-17-1904. Damages - Equitable relief - Preservation of anonymity - Exceptions -
Disclaimers.
(a) In a civil action filed under this part, an individual may recover any of the following:
(1) An amount equal to the monetary gain made by the defendant from the
creation, development, or disclosure of the intimate digital depiction;
(2) Either of the following:
-'(A) The actual damages sustained by the individual as a result of the
intimate digital depiction, including damages for emotional distress; or
(B) Liquidated damages in the amount of one hundred fifty thousand
dollars ($150,000);
(3) Punitive damages, pursuant to§ 29-39-104; and
(4) The cost of the action, including reasonable attorney's fees and other
litigation costs reasonably incurred.
(b) In a civil action filed under this part, 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 disclosure of
the intimate digital depiction.
(c) In ordering relief under this section, the court may grant injunctive relief
maintaining the confidentiality of a plaintiff using a pseudonym.
(d) An identifiable individual shall not bring an action for relief under this section
relating to:
(1) A disclosure the defendant can show was made in good faith:
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(A) To or by a law enforcement officer or agency in the course of
reporting or investigating:
(i) Unlawful activity; or
(ii) Unsolicited or unwelcome conduct; or
(B) As part of a legal proceeding; or
(2) A disclosure made in good faith and reasonably intended to assist the
identifiable individual.
(e) A court may authorize an in camera proceeding under this part.
(f) It is not a defense to an action 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.
39-17-1905. Limitations.
For purposes of this part, 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 part.
39-17-1906. Criminal action for intimate digital depictions - Penalty- Limitations.
(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 ~nowledge 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;
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(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.
SECTION 2. The headings in this act are for reference purposes only and do not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
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SENATE BILL NO. 1346
PASSED: Apri I 21, 2025
RANDY M4NALLY
SPEAKER OF THE ~ENA TE
C.
CAMEROR"'SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
~ r APPROVED this 2025
day of [Y\IAA."
~/_u,
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.