(a) A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C felony3 to 15 yearsup to $10,000
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-13-611

  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Depicts the minor in a state of nudity; and
(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(b) As used in this section:

(1) “Nudity” has the meaning given in § 39-17-901; and
(2) “Photograph” has the meaning given in § 39-13-605.
(c) A violation of subsection (a) is a Class C felony.
(d) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
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