(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-17-318

  • 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) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
(2) The person depicted in the image suffers emotional distress.
(b) As used in this section:

(1) “Emotional distress” has the same meaning as defined in § 39-17-315;
(2) “Identifiable person” means a person who is identifiable from the image itself or from information transmitted in connection with the image;
(3) “Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and
(4) “Sexually explicit conduct” has the same meaning as defined in § 39-13-301.
(c) Nothing in this section precludes punishment under any other section of law providing for greater punishment.
(d) A violation of subsection (a) is a Class A misdemeanor.
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