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2019 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 9 - Obscenity
§ 39-17-914. Display for sale or rental of material harmful to minors.

Universal Citation: TN Code § 39-17-914 (2019)
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  • (a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.

  • (b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if:

    • (1) The material is:

      • (A) Placed in “binder racks” that cover the lower two thirds (⅔) of the material and the viewable one third (⅓) is not harmful to minors;

      • (B) Located at a height of not less than five and one-half feet (5½′) from the floor; and

      • (C) Reasonable steps are taken to prevent minors from perusing the material;

    • (2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;

    • (3) The material is placed out of sight underneath the counter; or

    • (4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults;

    • (5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or

    • (6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).

  • (c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.

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