| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | HB0769 |
|---|
| 10 | 10 | | 001435 |
|---|
| 11 | 11 | | - 1 - |
|---|
| 12 | 12 | | |
|---|
| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
|---|
| 14 | 14 | | relative to criminal offenses. |
|---|
| 15 | 15 | | |
|---|
| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
|---|
| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 10, is amended by |
|---|
| 18 | 18 | | adding the following new section: |
|---|
| 19 | 19 | | (a) |
|---|
| 20 | 20 | | (1) It is an offense for a person to knowingly possess, distribute, or |
|---|
| 21 | 21 | | produce technology, software, or digital tools designed for the purpose of |
|---|
| 22 | 22 | | creating material that includes a minor engaged in: |
|---|
| 23 | 23 | | (A) Sexual activity; or |
|---|
| 24 | 24 | | (B) Simulated sexual activity that is patently offensive. |
|---|
| 25 | 25 | | (2) |
|---|
| 26 | 26 | | (A) Possession of technology, software, or digital tools in violation |
|---|
| 27 | 27 | | of subdivision (a)(1) is a Class E felony. |
|---|
| 28 | 28 | | (B) Distribution of technology, software, or digital tools in violation |
|---|
| 29 | 29 | | of subdivision (a)(1) is a Class C felony. |
|---|
| 30 | 30 | | (C) Production of technology, software, or digital tools in violation |
|---|
| 31 | 31 | | of subdivision (a)(1) is a Class B felony. |
|---|
| 32 | 32 | | (b) In determining whether technology, software, or digital tools are designed for |
|---|
| 33 | 33 | | the purpose of creating material that includes a minor engaged in sexual activity or |
|---|
| 34 | 34 | | simulated sexual activity that is patently offensive, the court or other authority making |
|---|
| 35 | 35 | | |
|---|
| 36 | 36 | | |
|---|
| 37 | 37 | | - 2 - 001435 |
|---|
| 38 | 38 | | |
|---|
| 39 | 39 | | that determination shall, in addition to all other logically relevant factors, consider the |
|---|
| 40 | 40 | | following: |
|---|
| 41 | 41 | | (1) Statements by the defendant concerning its use; |
|---|
| 42 | 42 | | (2) The existence of material that includes a minor engaged in sexual |
|---|
| 43 | 43 | | activity or simulated sexual activity that is patently offensive in the defendant's |
|---|
| 44 | 44 | | possession; |
|---|
| 45 | 45 | | (3) Instructions, oral or written, provided with the technology, software, or |
|---|
| 46 | 46 | | digital tools concerning its use; |
|---|
| 47 | 47 | | (4) Descriptive materials accompanying the technology, software, or |
|---|
| 48 | 48 | | digital tools that explain or depict its use; |
|---|
| 49 | 49 | | (5) The manner in which the technology, software, or digital tools were |
|---|
| 50 | 50 | | advertised or offered when obtained by the defendant; |
|---|
| 51 | 51 | | (6) The existence and scope of legitimate uses for the technology, |
|---|
| 52 | 52 | | software, or digital tools in the community; and |
|---|
| 53 | 53 | | (7) Expert testimony concerning use of the technology, software, or |
|---|
| 54 | 54 | | digital tools. |
|---|
| 55 | 55 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
|---|