| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 99 |
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| 6 | 5 | | By Bulso |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0099 |
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| 10 | 9 | | 001300 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Section |
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| 14 | 13 | | 39-13-605 and Title 40, Chapter 39, Part 2, |
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| 15 | 14 | | relative to unlawful photography. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 39-13-605(a), is amended by |
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| 19 | 18 | | deleting "to knowingly photograph" and substituting "knowingly to photograph". |
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| 20 | 19 | | SECTION 2. Tennessee Code Annotated, Section 39-13-605(c), is amended by |
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| 21 | 20 | | deleting "destroyed" and substituting "disposed of in accordance with § 18-1-206". |
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| 22 | 21 | | SECTION 3. Tennessee Code Annotated, Section 39-13-605(d)(1)(A), is amended by |
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| 23 | 22 | | deleting "Class A misdemeanor" and substituting "Class E felony". |
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| 24 | 23 | | SECTION 4. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by |
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| 25 | 24 | | deleting "Class E felony" and substituting "Class D felony". |
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| 26 | 25 | | SECTION 5. Tennessee Code Annotated, Section 39-13-605(d)(2), is amended by |
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| 27 | 26 | | adding the following as a new subdivision: |
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| 28 | 27 | | (C) A minor under thirteen (13) years of age was used by the defendant to |
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| 29 | 28 | | facilitate a violation of subdivision (a)(1). |
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| 30 | 29 | | SECTION 6. Tennessee Code Annotated, Section 39-13-605(d)(3), is amended by |
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| 31 | 30 | | deleting "Class D felony" and substituting "Class C felony". |
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| 32 | 31 | | SECTION 7. Tennessee Code Annotated, Section 39-13-605, is amended by deleting |
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| 33 | 32 | | subdivision (d)(3)(B) and substituting: |
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| 34 | 33 | | (B) |
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| 35 | 34 | | (i) The victim of the offense is under thirteen (13) years of age at the time |
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| 36 | 35 | | of the offense; or |
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| 37 | 36 | | |
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| 38 | 37 | | |
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| 39 | 38 | | - 2 - 001300 |
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| 40 | 39 | | |
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| 41 | 40 | | (ii) The defendant was, at the time of the offense, in a position of trust, or |
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| 42 | 41 | | had supervisory or disciplinary power over the victim by virtue of the defendant's |
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| 43 | 42 | | legal, professional, or occupational status and used the position of trust or power |
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| 44 | 43 | | to accomplish the unlawful photography. |
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| 45 | 44 | | SECTION 8. Tennessee Code Annotated, Section 39-13-605, is amended by deleting |
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| 46 | 45 | | subsection (f) and substituting: |
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| 47 | 46 | | In addition to the punishment provided for a person who commits unlawful |
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| 48 | 47 | | photography pursuant to subdivision (a)(1), the trial judge shall order that the person be |
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| 49 | 48 | | required to register as a sexual offender pursuant to the Tennessee Sexual Offender |
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| 50 | 49 | | and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, |
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| 51 | 50 | | compiled in title 40, chapter 39, part 2. |
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| 52 | 51 | | SECTION 9. Tennessee Code Annotated, Section 40-39-202(20), is amended by |
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| 53 | 52 | | adding the following as a new subdivision: |
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| 54 | 53 | | (C) The commission of an act that, on or after July 1, 2025, constitutes the |
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| 55 | 54 | | criminal offense of unlawful photography, under § 39-13-605(a)(1). |
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| 56 | 55 | | SECTION 10. This act takes effect July 1, 2025, the public welfare requiring it, and |
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| 57 | 56 | | applies to acts committed on or after that date. |
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