39-13-605 - Unlawful photographing in violation of privacy. - Tennessee Statutes

39-13-605. Unlawful photographing in violation of privacy.

(a)  It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual is in a place where there is 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 guardian, if the photograph:

     (1)  Would offend or embarrass an ordinary person if such person appeared in the photograph; and

     (2)  Was taken for the purpose of sexual arousal or gratification of the defendant.

(b)  As used in this section, unless the context otherwise requires, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual so that the individual is readily identifiable.

(c)  All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.

(d)  (1)  A violation of this section is a Class A misdemeanor.

     (2)  If the defendant disseminates or permits the dissemination of the photograph to any other person, a violation of this section is a Class E felony.

[Acts 1994, ch. 970, § 2; 1997, ch. 469, §§ 1, 2; 2000, ch. 667, § 2.]