Criminal Offenses

Plain English Breakdown

The bill summary and official text do not provide specific penalties beyond what is already defined as a Class E felony, which may vary based on existing laws.

Tennessee Voyeurism Victims Act

This law makes it a crime to secretly take photos of people without their permission for sexual reasons and adds protections for victims.

What This Bill Does

• Expands the definition of illegal photography to include taking pictures that show private body parts or sexual activities, if the person knows this will happen.
• Allows victims of secret photography to get protective orders and seek legal help like other abuse victims can.

Who It Names or Affects

• People who take secret photos without permission
• Victims of secret photography

Terms To Know

Felony

A serious crime that can lead to a long prison sentence.

Protective order

An order from the court meant to protect someone from harm or harassment.

Limits and Unknowns

• The law does not specify how much funding will be provided for enforcement.
• It is unclear if there are specific penalties for violating this act beyond what is already defined as a felony.

Official Summary Text

This bill enacts the "Voyeurism Victims Act," as described below.

Under present law, it is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of th
e 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 offense or embarrass an ordinary person if the person appeared in the photograph or is focused on the intimat
e
areas of the individual and would be considered offensive or embarrassing by the individual and (ii) was taken for the purpose of sexual arousal or gratification of the defendant. This bill expands the second provision and provides it is an offense if t
h
e photograph was taken for the purpose of sexual arousal or gratification of the defendant or the photograph includes 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.

Present law provides that a violation of the above provisions is a Class E felony punishable by not less than one year nor more than six years and a potential fine not to exceed $3,000, if the defendant disseminates or permits the
dissemination of the photograph to any other person or the victim of the offense is under 13 at the time of the offense. This bill adds that a violation is also a Class E felony if (i) the photograph was taken using a camera or other recording device th
a
t was hidden from plain view at the time of the offense or (ii) there was more than one victim of the offense.

VENUE

This bill requires prosecution for unlawful photography to commence as provided in present law but that the statue of limitations is to
lled for any period during which the defendant conceals the crime until such time that the victim discovers the crime.

Present law provides that any domestic abuse victim, stalking victim or sexual assault victim who has been subjected to, threatened wi
th, or placed in fear of, domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or a human trafficking offense, may seek relief by filing a sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual assaul
t
, or a human trafficking offense by the respondent. This bill adds victims of unlawful photography to this provision.

Present law provides that venue for a petition for an order of protection, and all other matters relating to orders of protection, is
in the county where the respondent resides or the county in which the domestic abuse, stalking, sexual exploitation of a minor, sexual assault, or human trafficking offense occurred. If the respondent is not a resident of this state, then the petition m
a
y be filed in the county where the petitioner resides. This bill adds unlawful photography to the list of offenses in this provision.

PROTECTIVE ORDERS AND RELIEF

Under domestic abuse provisions of present law, there are several provisions that authori
ze victims of certain domestic offenses to petition for orders of protection or seek relief. This bill grants the same authority to victims of unlawful photography.

ON MARCH 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 335, AS AMENDED.

AMENDMENT #1 makes the following revisions:



Removes the provision expanding the offense of unlawful photography to specifically include situations where
the photograph includes the unclo
th
ed intimate area of the individual or the individual engaged in sexual activity, and the person knew that the photograph would include such content.



Removes the provision establishing the offense of unlawful photography as
a Class E felony if (i) the photograph was taken using a camera or other recording device that was hidden from plain view at the time of the offense or (ii) there was more than one victim of the offense.



Defines "disseminate," for purposes of the offense of unlawful photography, to mean to
transfer, publish, or otherwise make accessible
.



Applies the rest of the bill to the offense of observation without consent and victims of such offense.

Current Bill Text

HOUSE BILL 602
By Freeman

SENATE BILL 335
By Yarbro

SB0335
002024
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 28;
Title 29; Title 36, Chapter 3, Part 6; Title 39 and
Title 40, Chapter 2, relative to invasion of privacy.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-605(a)(1)(B), is amended by
deleting the subdivision and substituting:
(B)
(i) Was taken for the purpose of sexual arousal or gratification of the
defendant; or
(ii) Includes the unclothed intimate area of the individual or the individual
engaged in sexual activity, as defined in § 39-17-1002, and the person knew that
the photograph would include such content; or
SECTION 2. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by
adding the following new subdivisions:
(C) The photograph was taken using a camera or other recording device that
was hidden from plain view at the time of the offense; or
(D) There was more than one (1) victim of the offense.
SECTION 3. Tennessee Code Annotated, Section 39-13-605, is amended by adding
the following new subsection:
(g) Prosecution for a violation of this section must commence as provided in title
40, chapter 2. Pursuant to § 40-2-103, the statute of limitations is tolled for any period
during which the defendant conceals the crime until such time at which the victim
discovers the crime.

- 2 - 002024

SECTION 4. Tennessee Code Annotated, Section 36-3-601(8), is amended by deleting
the language "or a human trafficking offense" and substituting ", a human trafficking offense, or
unlawful photography".
SECTION 5. Tennessee Code Annotated, Section 36-3-601, is amended by adding the
following new subdivision:
( ) "Unlawful photography victim" means a person who has been the victim of
the offense of unlawful photography, as defined in § 39-13-605;
SECTION 6. Tennessee Code Annotated, Section 36-3-602, is amended by deleting
subsection (a) and substituting:
(a) Any domestic abuse victim, stalking victim, sexual assault victim, or unlawful
photography victim who has been subjected to, threatened with, or placed in fear of,
domestic abuse, stalking, sexual exploitation of a minor, sexual assault, a human
trafficking offense, or unlawful photography, may seek relief under this part by filing a
sworn petition alleging domestic abuse, stalking, sexual exploitation of a minor, sexual
assault, a human trafficking offense, or unlawful photography by the respondent.
SECTION 7. Tennessee Code Annotated, Section 36-3-602(c), is amended by deleting
the language "or human trafficking offense" and substituting "human trafficking offense, or
unlawful photography".
SECTION 8. Tennessee Code Annotated, Section 36-3-605(b), is amended by deleting
the language "or a human trafficking offense" wherever it appears and substituting "a human
trafficking offense, or unlawful photography".
SECTION 9. Tennessee Code Annotated, Section 36-3-606(a), is amended by deleting
the language "or a human trafficking offense" wherever it appears and substituting "a human
trafficking offense, or unlawful photography".

- 3 - 002024

SECTION 10. Tennessee Code Annotated, Section 36-3-613(a), is amended by
deleting the language "or a human trafficking offense" and substituting "a human trafficking
offense, or unlawful photography".
SECTION 11. Tennessee Code Annotated, Section 36-3-617(a), is amended by
deleting the language "sexual assault victim," wherever it appears and substituting "sexual
assault victim, unlawful photography victim,".
SECTION 12. Tennessee Code Annotated, Section 36-3-617(a)(2)(B), is amended by
deleting the language "sexual assault," and substituting "sexual assault, unlawful photography,".
SECTION 13. This act is known and may be cited as the "Voyeurism Victims Act."
SECTION 14. This act takes effect July 1, 2025, the public welfare requiring it.