2015 Tennessee Code
Title 39 - Criminal Offenses
Chapter 13 - Offenses Against Person
Part 9 - Surveillance by Unmanned Aircraft
§ 39-13-903 - Unlawful capture of image with intent to conduct surveillance a misdemeanor offense -- Defense.

(a) Subject to the exceptions set forth in § 39-13-902(a), a person commits an offense if the person:

(1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image;

(2) Knowingly uses an image in a manner prohibited by § 39-13-902(b);

(3) Without the venue owner or operator's consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event;

(4) (A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202, without the consent of the owner or operator of the event; and

(B) For purposes of this subdivision (a)(4):

(i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;

(ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and

(iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired; or

(5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility.

(b) An offense under this section is a Class C misdemeanor.

(c) It is a defense to prosecution under this section that the person destroyed the image:

(1) As soon as the person had knowledge that the image was captured in violation of this section; and

(2) Without disclosing, displaying, or distributing the image to a third party.