(a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:

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Terms Used In Tennessee Code 39-13-905

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Subpoena: A command to a witness to appear and give testimony.
  • Unmanned aircraft: means an airborne device that is operated without an individual in or on the device. See Tennessee Code 39-13-901
(1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and
(3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by subsection (a) may be disclosed and used as evidence to prove a violation of this part and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
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