| 4 | 4 | | |
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| 5 | 5 | | SENATE BILL 741 |
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| 6 | 6 | | By Yager |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | SB0741 |
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| 10 | 10 | | 001435 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 39, |
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| 14 | 14 | | relative to criminal offenses. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 10, is amended by |
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| 18 | 18 | | adding the following new section: |
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| 19 | 19 | | (a) |
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| 20 | 20 | | (1) It is an offense for a person to knowingly possess, distribute, or |
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| 21 | 21 | | produce technology, software, or digital tools designed for the purpose of |
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| 22 | 22 | | creating material that includes a minor engaged in: |
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| 23 | 23 | | (A) Sexual activity; or |
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| 24 | 24 | | (B) Simulated sexual activity that is patently offensive. |
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| 25 | 25 | | (2) |
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| 26 | 26 | | (A) Possession of technology, software, or digital tools in violation |
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| 27 | 27 | | of subdivision (a)(1) is a Class E felony. |
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| 28 | 28 | | (B) Distribution of technology, software, or digital tools in violation |
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| 29 | 29 | | of subdivision (a)(1) is a Class C felony. |
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| 30 | 30 | | (C) Production of technology, software, or digital tools in violation |
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| 31 | 31 | | of subdivision (a)(1) is a Class B felony. |
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| 32 | 32 | | (b) In determining whether technology, software, or digital tools are designed for |
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| 33 | 33 | | the purpose of creating material that includes a minor engaged in sexual activity or |
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| 34 | 34 | | simulated sexual activity that is patently offensive, the court or other authority making |
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| 35 | 35 | | |
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| 36 | 36 | | |
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| 37 | 37 | | - 2 - 001435 |
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| 38 | 38 | | |
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| 39 | 39 | | that determination shall, in addition to all other logically relevant factors, consider the |
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| 40 | 40 | | following: |
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| 41 | 41 | | (1) Statements by the defendant concerning its use; |
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| 42 | 42 | | (2) The existence of material that includes a minor engaged in sexual |
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| 43 | 43 | | activity or simulated sexual activity that is patently offensive in the defendant's |
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| 44 | 44 | | possession; |
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| 45 | 45 | | (3) Instructions, oral or written, provided with the technology, software, or |
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| 46 | 46 | | digital tools concerning its use; |
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| 47 | 47 | | (4) Descriptive materials accompanying the technology, software, or |
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| 48 | 48 | | digital tools that explain or depict its use; |
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| 49 | 49 | | (5) The manner in which the technology, software, or digital tools were |
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| 50 | 50 | | advertised or offered when obtained by the defendant; |
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| 51 | 51 | | (6) The existence and scope of legitimate uses for the technology, |
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| 52 | 52 | | software, or digital tools in the community; and |
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| 53 | 53 | | (7) Expert testimony concerning use of the technology, software, or |
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| 54 | 54 | | digital tools. |
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| 55 | 55 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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