(a) A person commits an offense if the person:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-13-904

  • Image: means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property. See Tennessee Code 39-13-901
  • 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
(1) Captures an image in violation of § 39-13-903; and
(2)

(A) Possesses that image; or
(B) Discloses, displays, distributes, or otherwise uses that image.
(b)

(1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor.
(2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.
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