Official Summary Text
Present law provides that it is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior
effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph (i) would offend or embarrass an ordinary person if the person appeared in the photograph or (ii
)
is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual and was taken for the purpose of sexual arousal or gratification of the defendant. Under present law, this offense is a Class A misdeme
a
nor, punishable by a sentence of imprisonment not greater than 11 months, 29 days, a fine not to exceed $2,500, or both. This bill raises the offense to a Class E felony, punishable by a sentence of imprisonment of not less than one year nor more than si
x
years, and a potential fine not to exceed $3000.
Present law provides that it is a Class E felony if the defendant disseminates or permits the dissemination of the photograph to any other person or the victim of the offense is under 13. This bill rai
ses the offense to a Class D felony, punishable by a sentence of not less than two years nor more than 12 years, and a potential fine not to exceed $5,000. Additionally, this bill provides that it is also a Class E felony if the minor under 13 was used b
y
the defendant to facilitate the offense.
Present law provides that it is a Class D felony if the defendant disseminates or permits the dissemination of the photograph to any other person and also the victim is under 13. This bill provides that is a vio
lation if (i) the defendant disseminates or permits the dissemination of the photograph to any other person and (ii) the victim is under 13 or the defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power
o
ver the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the unlawful photography. Additionally, this bill raises the offense to a Class C felony, punishable by a senten
c
e of not less than three years nor more than 15 years, and a potential fine not to exceed $10,000.
Present law authorizes the trial judge to order a person who commits the misdemeanor offense of unlawful photographing, to be required to register as a sex
ual offender. This bill revises this provision to, instead, require the judge to order such person to register such person as a sexual offender.
ON APRIL 22, 2025, THE SENATE SUBSTITUTED HOUSE BILL 99 FOR SENATE BILL 685, ADOPTED AMENDMENT #1, AND PASS
ED HOUSE BILL 99, AS AMENDED.
AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law relative to unlawful photography:
Revises the provisions describing the offense to, instead, provide the following three offenses:
It is an offense for a person knowingly to photograph, or cause to be photographed, an individual, when the individual has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph
(i) w
ould offend or embarrass an ordinary person if the person appeared in the photograph and
w
as taken for the purpose of sexual arousal or gratification of the defendant; or
(ii) i
ncludes the unclothed intimate area of the individual or the individual engaged in sexual activity and the person knew that the photograph would include such content.
It is an offense for a person knowingly to photograph, or cause to be photographed, an individual, when the individual has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph
(i) i
ncludes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual;
(ii) w
as taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and
(iii) was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph to another person.
It is an offense for a person knowingly to photograph, or cause to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph
(i) i
s focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; an
d
(ii) was taken for the purpose of sexual arousal or gratification of the defendant.
Clarifies that
an individual has a reasonable expectation of privacy, regardless of the location where a photograph is taken, if
t
he photograph
(i)
is taken in a manner that would offend or embarrass a reasonable person and
(ii)
depicts areas of the individual's body, clothed or unclothed, that would not be visible to ordinary observation but for the offensive or embarrassing manner of photography.
Revises the provision that requires a
ll photographs taken in violation of
the above to
be confiscated and, after their use as evidence, destroyed
to, instead be disposed of, instead of destroyed, in accordance with present law provisions relative to the disposal of physical evidence.
Generally raises the offense classifications for these offenses from misdemeanors to felonies and lower felony classifications to higher felony classifications.
Adds that one such felony offense occurs (i) when a minor under 13 was used by the defendant to facilitate the violation, or (ii) when th
e defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the unlawful photography.
Requires instead of authorizes, for certain offenses, the
trial judge
to
order that the person be required to register as a sexual offender pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004
.
Applies this amendment to acts committed on or after July 1, 2025.
Current Bill Text
Read the full stored bill text
SENATE BILL 685
By White
HOUSE BILL 99
By Bulso
HB0099
001300
- 1 -
AN ACT to amend Tennessee Code Annotated, Section
39-13-605 and Title 40, Chapter 39, Part 2,
relative to unlawful photography.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-605(a), is amended by
deleting "to knowingly photograph" and substituting "knowingly to photograph".
SECTION 2. Tennessee Code Annotated, Section 39-13-605(c), is amended by
deleting "destroyed" and substituting "disposed of in accordance with § 18-1-206".
SECTION 3. Tennessee Code Annotated, Section 39-13-605(d)(1)(A), is amended by
deleting "Class A misdemeanor" and substituting "Class E felony".
SECTION 4. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by
deleting "Class E felony" and substituting "Class D felony".
SECTION 5. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by
adding the following as a new subdivision:
(C) A minor under thirteen (13) years of age was used by the defendant to
facilitate a violation of subdivision (a)(1).
SECTION 6. Tennessee Code Annotated, Section 39-13-605(d)(3), is amended by
deleting "Class D felony" and substituting "Class C felony".
SECTION 7. Tennessee Code Annotated, Section 39-13-605, is amended by deleting
subdivision (d)(3)(B) and substituting:
(B)
(i) The victim of the offense is under thirteen (13) years of age at the time
of the offense; or
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(ii) The defendant was, at the time of the offense, in a position of trust, or
had supervisory or disciplinary power over the victim by virtue of the defendant's
legal, professional, or occupational status and used the position of trust or power
to accomplish the unlawful photography.
SECTION 8. Tennessee Code Annotated, Section 39-13-605, is amended by deleting
subsection (f) and substituting:
In addition to the punishment provided for a person who commits unlawful
photography pursuant to subdivision (a)(1), the trial judge shall order that the person be
required to register as a sexual offender pursuant to the Tennessee Sexual Offender
and Violent Sexual Offender Registration, Verification and Tracking Act of 2004,
compiled in title 40, chapter 39, part 2.
SECTION 9. Tennessee Code Annotated, Section 40-39-202(20), is amended by
adding the following as a new subdivision:
(C) The commission of an act that, on or after July 1, 2025, constitutes the
criminal offense of unlawful photography, under § 39-13-605(a)(1).
SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it, and
applies to acts committed on or after that date.