SB 586 – HB 1371
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
February 23, 2025
Fiscal Analyst: Arielle Woodmore | Email: arielle.woodmore@capitol.tn.gov | Phone: 615-741-2564
SB 586 – HB 1371
SUMMARY OF BILL: Clarifies that a person commits the offense of unlawful exposure by
distributing a private, intimate image of another identifiable person with intent to cause emotional
distress, regardless of whether the person who distributes the image was a party to the original
agreement or understanding that the image would remain private.
FISCAL IMPACT:
LOCAL GOVERNMENT
EXPENDITURES Mandatory
FY25-26 & Subsequent Years $1,200
Article II, Section 24 of the Tennessee Constitution provides that: no law of general application shall impose increased expenditure
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost.
Assumptions:
• Pursuant to Tenn. Code Ann. § 39-17-318(a), a person commits unlawful exposure who,
with the intent to cause emotional distress, distributes an image of the intimate part or parts
of another identifiable person, or an image of an identifiable person engaged in sexually
explicit conduct if the image was photographed or recorded under circumstances where the
parties agreed or understood that the image would remain private, and the person depicted
in the image suffers emotional distress.
• The proposed legislation clarifies that a person commits the offense regardless of whether
the person who distributes the image was a party to the original agreement or understanding
that the image would remain private.
• A violation would be a Class A misdemeanor.
• Based on information provided by the Administrative Office of the Courts and the
Department of Correction Jail Summary Reports, there have been an average of 13.11
convictions for unlawful exposure in each of the last five years.
• It can be reasonably assumed that convictions for the Class A misdemeanor offense of
unlawful exposure will increase by 10 percent, or 1.31 (13.11 x 10%) as a result of the
proposed legislation.
• It is assumed that an individual convicted of a Class A misdemeanor offense will spend an
average of 15 days in a local jail.
• Based on cost estimates provided by local government entities throughout the state and
reported bed capacity within such facilities, the weighted average cost per day to house an
inmate in a local jail facility is $61.99.
SB 586 – HB 1371 2
• The recurring mandatory increase in expenditures to local governments is estimated to be
$1,218 (1.31 convictions x $61.99 x 15) in FY25-26 and subsequent years.
• 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.
• The increase in criminal court cases can be accommodated with existing resources and
personnel.
• Tennessee does not presently have a specific civil law relating to unlawful exposure, though
it is possible for a victim to sue through the deliberate infliction of emotional distress. It is
not expected for there to be a significant increase in civil suits due to the passage of this
legislation.
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director