Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0311 Compare Versions

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2-SENATE BILL 538
3- By Stevens
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54 HOUSE BILL 311
65 By Darby
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98 HB0311
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1312 AN ACT to amend Tennessee Code Annotated, Title 33;
1413 Title 37; Title 39 and Title 52, relative to the
1514 Autism Spectrum Online Protection Act.
1615
1716 WHEREAS, the purpose of this act is to protect autistic young adults between eighteen
1817 and twenty-five years of age from online predators who use online platforms to groom, sext,
1918 sextort, sexually exploit, traffic, and sexually manipulate individuals who are subject to a
2019 conservatorship; and
2120 WHEREAS, there are estimated to be one million ninety-one thousand people living in
2221 conditions of modern slavery in the United States. This equates to three and three tenths
2322 victims for every one thousand people in the country; and
2423 WHEREAS, a 2022 investigation into violence by the Autism Research Institute found
2524 that seventy-five and four tenths percent of participants out of one hundred ten people reported
2625 sexual harassment, and almost sixty percent reported experiences of sexual violence compared
2726 to fifty-six and four tenths percent and twenty-eight and two tenths percent reported by non-
2827 autistic participants; and
2928 WHEREAS, like the general population, female autistic individuals are at higher risk for
3029 experiencing sexual victimization and violence. An online survey by the Autism Research
3130 Institute found that as many as nine autistic women out of every ten have experienced sexual
3231 violence, where seventy-five percent of the two hundred twenty-five study participants reported
3332 that their first experience occurred during childhood or adolescence; and
3433 WHEREAS, suicide rates in autistic individuals range from eleven percent to sixty-six
3534 percent and significantly more premature deaths are caused by suicide in autistic individuals
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4039 than in the general population. Trauma derived from sexual abuse during childhood is a
4140 significant and specific risk factor for suicidal ideation in adulthood; now, therefore,
4241 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
4342 SECTION 1. Tennessee Code Annotated, Title 52, is amended by adding the following
4443 new chapter:
4544 52-9-101. This chapter is known and may be cited as the "Autism Spectrum
4645 Online Protection Act."
4746 52-9-102. As used in this chapter:
4847 (1) "Autistic young adult" means an individual between eighteen (18) and
4948 twenty-five (25) years of age who has been diagnosed with an autism spectrum
5049 disorder, including, but not limited to, autistic disorder, childhood disintegrative
5150 disorder, pervasive developmental disorder, Asperger's syndrome, low-
5251 functioning autism, or classic autism;
5352 (2) "Conservatorship" means the same as defined in § 34-1-101;
5453 (3) "Exploit" means to abuse a position of vulnerability, differential power,
5554 or trust for unlawful sexual purposes;
5655 (4) "Groom" means to build a relationship, trust, and emotional
5756 connection with another with intent to commit an act of exploitation, sexual
5857 abuse, sextortion, or trafficking against the other;
5958 (5) "Online platform" means a website, application, or digital service that
6059 allows users to interact and communicate with others over the internet;
6160 (6) "Sextortion" is the act of coercing an autistic young adult subject to a
6261 conservatorship to create and send an image or video of the young adult
6362 engaged in simulated sexual activity that is patently offensive or in sexual activity
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6867 for the purpose of extorting money from the young adult by threatening to show
6968 the image or video to others if payment is not sent;
7069 (7) "Sexual abuse" means an offense under title 39, chapter 13, part 5;
7170 and
7271 (8) "Trafficking" means the same as "human trafficking offense" is
7372 defined in § 39-13-314.
7473 52-9-103.
7574 (a) It is an offense for a person to use an online platform to engage in grooming
7675 of another who the person knows or reasonably should know is an autistic young adult
7776 that is subject to a conservatorship.
7877 (b) A violation of subsection (a) is a Class A misdemeanor.
7978 52-9-104.
8079 (a) Online platforms are urged to implement and enforce policies to prevent and
8180 report to local enforcement any activities prohibited by § 52-9-103 that target the highly
8281 vulnerable population of autistic young adults.
8382 (b) Family members or conservators of autistic young adults that are subject to a
8483 conservatorship should have access to tools and resources to monitor and protect the
8584 online activities of autistic young adults.
8685 SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.