4 | 3 | | |
---|
5 | 4 | | HOUSE BILL 311 |
---|
6 | 5 | | By Darby |
---|
7 | 6 | | |
---|
8 | 7 | | |
---|
9 | 8 | | HB0311 |
---|
10 | 9 | | 000153 |
---|
11 | 10 | | - 1 - |
---|
12 | 11 | | |
---|
13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 33; |
---|
14 | 13 | | Title 37; Title 39 and Title 52, relative to the |
---|
15 | 14 | | Autism Spectrum Online Protection Act. |
---|
16 | 15 | | |
---|
17 | 16 | | WHEREAS, the purpose of this act is to protect autistic young adults between eighteen |
---|
18 | 17 | | and twenty-five years of age from online predators who use online platforms to groom, sext, |
---|
19 | 18 | | sextort, sexually exploit, traffic, and sexually manipulate individuals who are subject to a |
---|
20 | 19 | | conservatorship; and |
---|
21 | 20 | | WHEREAS, there are estimated to be one million ninety-one thousand people living in |
---|
22 | 21 | | conditions of modern slavery in the United States. This equates to three and three tenths |
---|
23 | 22 | | victims for every one thousand people in the country; and |
---|
24 | 23 | | WHEREAS, a 2022 investigation into violence by the Autism Research Institute found |
---|
25 | 24 | | that seventy-five and four tenths percent of participants out of one hundred ten people reported |
---|
26 | 25 | | sexual harassment, and almost sixty percent reported experiences of sexual violence compared |
---|
27 | 26 | | to fifty-six and four tenths percent and twenty-eight and two tenths percent reported by non- |
---|
28 | 27 | | autistic participants; and |
---|
29 | 28 | | WHEREAS, like the general population, female autistic individuals are at higher risk for |
---|
30 | 29 | | experiencing sexual victimization and violence. An online survey by the Autism Research |
---|
31 | 30 | | Institute found that as many as nine autistic women out of every ten have experienced sexual |
---|
32 | 31 | | violence, where seventy-five percent of the two hundred twenty-five study participants reported |
---|
33 | 32 | | that their first experience occurred during childhood or adolescence; and |
---|
34 | 33 | | WHEREAS, suicide rates in autistic individuals range from eleven percent to sixty-six |
---|
35 | 34 | | percent and significantly more premature deaths are caused by suicide in autistic individuals |
---|
36 | 35 | | |
---|
37 | 36 | | |
---|
38 | 37 | | - 2 - 000153 |
---|
39 | 38 | | |
---|
40 | 39 | | than in the general population. Trauma derived from sexual abuse during childhood is a |
---|
41 | 40 | | significant and specific risk factor for suicidal ideation in adulthood; now, therefore, |
---|
42 | 41 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
---|
43 | 42 | | SECTION 1. Tennessee Code Annotated, Title 52, is amended by adding the following |
---|
44 | 43 | | new chapter: |
---|
45 | 44 | | 52-9-101. This chapter is known and may be cited as the "Autism Spectrum |
---|
46 | 45 | | Online Protection Act." |
---|
47 | 46 | | 52-9-102. As used in this chapter: |
---|
48 | 47 | | (1) "Autistic young adult" means an individual between eighteen (18) and |
---|
49 | 48 | | twenty-five (25) years of age who has been diagnosed with an autism spectrum |
---|
50 | 49 | | disorder, including, but not limited to, autistic disorder, childhood disintegrative |
---|
51 | 50 | | disorder, pervasive developmental disorder, Asperger's syndrome, low- |
---|
52 | 51 | | functioning autism, or classic autism; |
---|
53 | 52 | | (2) "Conservatorship" means the same as defined in § 34-1-101; |
---|
54 | 53 | | (3) "Exploit" means to abuse a position of vulnerability, differential power, |
---|
55 | 54 | | or trust for unlawful sexual purposes; |
---|
56 | 55 | | (4) "Groom" means to build a relationship, trust, and emotional |
---|
57 | 56 | | connection with another with intent to commit an act of exploitation, sexual |
---|
58 | 57 | | abuse, sextortion, or trafficking against the other; |
---|
59 | 58 | | (5) "Online platform" means a website, application, or digital service that |
---|
60 | 59 | | allows users to interact and communicate with others over the internet; |
---|
61 | 60 | | (6) "Sextortion" is the act of coercing an autistic young adult subject to a |
---|
62 | 61 | | conservatorship to create and send an image or video of the young adult |
---|
63 | 62 | | engaged in simulated sexual activity that is patently offensive or in sexual activity |
---|
64 | 63 | | |
---|
65 | 64 | | |
---|
66 | 65 | | - 3 - 000153 |
---|
67 | 66 | | |
---|
68 | 67 | | for the purpose of extorting money from the young adult by threatening to show |
---|
69 | 68 | | the image or video to others if payment is not sent; |
---|
70 | 69 | | (7) "Sexual abuse" means an offense under title 39, chapter 13, part 5; |
---|
71 | 70 | | and |
---|
72 | 71 | | (8) "Trafficking" means the same as "human trafficking offense" is |
---|
73 | 72 | | defined in § 39-13-314. |
---|
74 | 73 | | 52-9-103. |
---|
75 | 74 | | (a) It is an offense for a person to use an online platform to engage in grooming |
---|
76 | 75 | | of another who the person knows or reasonably should know is an autistic young adult |
---|
77 | 76 | | that is subject to a conservatorship. |
---|
78 | 77 | | (b) A violation of subsection (a) is a Class A misdemeanor. |
---|
79 | 78 | | 52-9-104. |
---|
80 | 79 | | (a) Online platforms are urged to implement and enforce policies to prevent and |
---|
81 | 80 | | report to local enforcement any activities prohibited by § 52-9-103 that target the highly |
---|
82 | 81 | | vulnerable population of autistic young adults. |
---|
83 | 82 | | (b) Family members or conservators of autistic young adults that are subject to a |
---|
84 | 83 | | conservatorship should have access to tools and resources to monitor and protect the |
---|
85 | 84 | | online activities of autistic young adults. |
---|
86 | 85 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
---|