SENATE BILL 741
By Yager
HOUSE BILL 769
By Littleton
HB0769
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AN ACT to amend Tennessee Code Annotated, Title 39,
relative to criminal offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 10, is amended by
adding the following new section:
(a)
(1) It is an offense for a person to knowingly possess, distribute, or
produce technology, software, or digital tools designed for the purpose of
creating material that includes a minor engaged in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2)
(A) Possession of technology, software, or digital tools in violation
of subdivision (a)(1) is a Class E felony.
(B) Distribution of technology, software, or digital tools in violation
of subdivision (a)(1) is a Class C felony.
(C) Production of technology, software, or digital tools in violation
of subdivision (a)(1) is a Class B felony.
(b) In determining whether technology, software, or digital tools are designed for
the purpose of creating material that includes a minor engaged in sexual activity or
simulated sexual activity that is patently offensive, the court or other authority making
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that determination shall, in addition to all other logically relevant factors, consider the
following:
(1) Statements by the defendant concerning its use;
(2) The existence of material that includes a minor engaged in sexual
activity or simulated sexual activity that is patently offensive in the defendant's
possession;
(3) Instructions, oral or written, provided with the technology, software, or
digital tools concerning its use;
(4) Descriptive materials accompanying the technology, software, or
digital tools that explain or depict its use;
(5) The manner in which the technology, software, or digital tools were
advertised or offered when obtained by the defendant;
(6) The existence and scope of legitimate uses for the technology,
software, or digital tools in the community; and
(7) Expert testimony concerning use of the technology, software, or
digital tools.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.