2023 Tennessee Code
Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812)
Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004)
Part 9 - SURVEILLANCE BY UNMANNED AIRCRAFT (§§ 39-13-901 — 39-13-907)
Section 39-13-904 - Possession or distribution and use of unlawfully captured images - Misdemeanor offenses - Separate images constitute separate offenses - Defenses

• (a) A person commits an offense if the person:
  • (1) Captures an image in violation of § 39-13-903; and
  • (2)
    • (A) Possesses that image; or
    • (B) Discloses, displays, distributes, or otherwise uses that image.

• (b)
  • (1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor.
  • (2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.

• (c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.

• (d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.

• (e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.

Added by 2014 Tenn. Acts, ch. 876,s 5, eff. 7/1/2014.