SB 448 - HB 761
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 22, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 448 - HB 761
SUMMARY OF BILL: Removes the definition of “content harmful to minors” from the
Protect Tennessee Minors Act.
FISCAL IMPACT:
STATE GOVERNMENT
EXPENDITURES Incarceration
$33,200
Assumptions:
• Pursuant to Tenn. Code Ann. § 39-17-912(b)(5), content harmful to minors means text,
audio, imagery, or video the average person, applying contemporary community standards
and taking the material as a whole and with respect to minors of any age, would find
sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander
to the prurient interest; or text, audio, imagery, or video that exploits, is devoted to, or
principally consists of an actual, simulated, or animated display or depiction of any of the
following:
o Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body;
o Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's
body, or the parts of a fictitious character's body analogous or functionally
equivalent to the aforementioned parts of the human body;
o Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts,
buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a
fictitious character's body; or
o Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation,
excretory functions, exhibitions, or any other sexual act; and
o When taken as a whole, lacks serious literary, artistic, political, or scientific value for
minors.
• Pursuant to Tenn. Code Ann. § 39-17-912(c), an individual or commercial entity that
publishes or distributes in this state a website that contains a substantial portion of content
harmful to minors is liable if the individual or commercial entity does not:
o Verify, using a reasonable age-verification method, the age of each active user
attempting to access its website; or
o Verify, using a reasonable age-verification method, the age of an active user
attempting to access its website again after completion of an age-verified session.
SB 448 - HB 761 2
• Pursuant to Tenn. Code Ann. §39-17-912(i), a violation of these provisions is a Class C
felony.
• The proposed legislation removes the definition of “content harmful to minors”, in its
entirety, from the Protect Tennessee Minors Act.
• It is assumed that in lieu of this definition, “harmful to minors” will assume the definition
established in Tenn. Code Ann. § 39-17-901.
• Pursuant to Tenn. Code Ann. § 39-17-901(6), “harmful to minors” means that quality of
any description or representation, in whatever form, of nudity, sexual excitement, sexual
conduct, excess violence or sadomasochistic abuse when the matter or performance:
o Would be found by the average person applying contemporary community
standards to appeal predominantly to the prurient, shameful or morbid interests of
minors;
o Is patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable for minors; and
o Taken as whole lacks serious literary, artistic, political or scientific values for minors;
• The number of Class C felony convictions that may result from violations of the
legislation’s requirements is unknown. Given the widespread nature of such content on the
internet and the number of sites that distribute it, it is assumed that the increase in such
convictions could be significant.
• It is assumed that a majority of entities will either stop publishing such content or will take
steps necessary to meet the requirements of this legislation. However, it is assumed that the
proposed legislation will result in one Class C felony conviction each year.
• The average time served for a Class C felony is 1.5 years.
• Based on population data from the U.S. Census Bureau, population growth in Tennessee
averaged 1.24 percent per year (from 2021 to 2024).
• The weighted average operational costs per inmate per day are estimated to be $62.02 for
inmates housed at state facilities and $50.51 for inmates housed at local facilities.
• The increase in incarceration costs is estimated to be the following over the next three-year
period:
Increase in State Expenditures
Amount Fiscal Year
$ 21,700 FY25-26
$ 32,800 FY26-27
$ 33,200 FY27-28
• Pursuant to Public Chapter 1007 of 2022, recurring costs increases are to be estimated on
the highest of the next three fiscal years; therefore, the recurring increase in incarceration
costs will be $33,200.
• The Attorney General (AG) can prosecute such cases or bring appropriate actions as the
AG deems necessary within existing resources.
• Any impacts related to liabilities from lawsuits brought by individuals or the AG will be
borne by private parties.
• It is assumed that the courts can accommodate any increase in caseloads within existing
resources.
SB 448 - HB 761 3
• Based on the Fiscal Review Committee’s 2008 study and the Administrative Office of the
Courts’ 2012 study on collection of court costs, fees, and fines, collection in criminal cases
is insignificant. The proposed legislation will not significantly change state or local revenue.
• The estimated fiscal impact of the proposed legislation does not consider the availability of
beds in state and local facilities, but is based solely on the current operating costs of state
facilities and the reimbursement rates for local facilities as is required by Tenn. Code Ann. §
9-4-210.
• All calculations used in completion of this fiscal note are available upon request.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director