tn-internet-sex-crimes-law

T. C. A. § 39-13-528. Solicitation of person under 18 years of age

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or
electronic communication, electronic mail or Internet services, directly or through another, to
intentionally command, request, hire, persuade, invite or attempt to induce a person whom the
person making the solicitation knows, or should know, is less than eighteen (18) years of age, or
solicits a law enforcement officer posing as a minor, and whom the person making the solicitation
reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if
completed, would constitute a violation by the soliciting adult of one (1) or more of the following
offenses:

(1) Rape of a child, pursuant to § 39-13-522;
(2) Aggravated rape, pursuant to § 39-13-502;
(3) Rape, pursuant to § 39-13-503;
(4) Aggravated sexual battery, pursuant to § 39-13-504;
(5) Sexual battery by an authority figure, pursuant to § 39-13-527;
(6) Sexual battery, pursuant to § 39-13-505;
(7) Statutory rape, pursuant to § 39-13-506;
(8) Especially aggravated sexual exploitation of a minor, pursuant to § 39- 17-1005; or
(9) Sexual activity involving a minor, pursuant to § 39-13-529.

(b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not
engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no
defense that the minor solicited was unaware of the criminal nature of the conduct solicited.

(c) A violation of this section shall constitute an offense one (1) classification lower than the
most serious crime solicited, unless the offense solicited was a Class E felony, in which case
the offense shall be a Class A misdemeanor.

(d) A person is subject to prosecution in this state under this section for any conduct that
originates in this state, or for any conduct that originates by a person located outside this state,
where such person solicited the conduct of a minor located in this state, or solicited a law
enforcement officer posing as a minor located within this state.

T. C. A. § 39-13-529. Solicitation of minor to observe sexual conduct

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or
electronic communication, electronic mail or Internet service, including webcam communications,
directly or through another, to intentionally command, hire, persuade, induce or cause a minor to
engage in sexual activity or simulated sexual activity that is patently offensive, as defined in §
39-17-1002, where such sexual activity or simulated sexual activity is observed by that person or
by another.

(b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of
electronic communication, electronic mail or Internet service, including webcam communications, to
intentionally:

(1) Engage in sexual activity, or simulated sexual activity, that is patently offensive, as defined in §
39-17-1002, for the purpose of having the minor view such sexual activity or simulated sexual
activity, including circumstances where the minor is in the presence of such person, or where the
minor views such activity via electronic communication, including electronic mail, Internet service
and webcam communications;

(2) Display to a minor, or expose a minor to, any material containing sexual activity or simulated
sexual activity that is patently offensive, as defined in § 39-17-1002, where the purpose of such
display can reasonably be construed as being for the sexual arousal or gratification of the minor or
the person displaying the material; and

(3) Display to a law enforcement officer posing as a minor, and whom the person making the
display reasonably believes to be less than eighteen (18) years of age, any material containing
sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002,
where the purpose of such display can reasonably be construed as being for the sexual arousal or
gratification of the intended minor or the person displaying the material.

(c) The statute of limitations for these offenses shall be the applicable statute for the class of the
offense, or until the child reaches the age of eighteen (18), whichever is greater.

(d) A person is subject to prosecution in this state under this statute for any conduct that
originates in this state, or for any conduct that originates by a person located outside this state,
where such conduct involved a minor located in this state.

(e)(1) A violation of subsection (a) is a Class B felony.

(2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen
(13) years of age, the violation is a Class C felony.

T.C.A. § 39-17-1003. Sexual exploitation

(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:

(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.

(b) A person possessing material that violates subsection (a) may be charged in a separate count
for each individual image, picture, drawing, photograph, motion picture film, videocassette tape,
or other pictorial representation. Where the number of materials possessed is greater than fifty
(50), the person may be charged in a single count to enhance the class of offense under
subsection (d).

(c) In a prosecution under this section, the trier of fact may consider the title, text, visual
representation, Internet history, physical development of the person depicted, expert medical
testimony, expert computer forensic testimony, and any other relevant evidence, in determining
whether a person knowingly possessed the material, or in determining whether the material or
image otherwise represents or depicts that a participant is a minor.

(d) A violation of this section is a Class D felony; however, if the number of individual images,
materials, or combination of images and materials, that are possessed is more than fifty (50),
then the offense shall be a Class C felony. If the number of individual images, materials, or
combination of images and materials, exceeds one hundred (100), the offense shall be a Class B
felony.

(e) In a prosecution under this section, the state is not required to prove the actual identity or age
of the minor.

T.C.A. § 39-17-1004. Aggravated sexual exploitation

(a)(1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or
exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or
exchange material, that includes a minor engaged in:

(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.

(2) A person who violates subdivision (a)(1) may be charged in a separate count for each
individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other
pictorial representation. Where the number of materials involved in a violation under subdivision
(a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance
the class of offense under subdivision (a)(4).

(3) In a prosecution under this section, the trier of fact may consider the title, text, visual
representation, Internet history, physical development of the person depicted, expert medical
testimony, expert computer forensic testimony, and any other relevant evidence, in determining
whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or
possessed the material for these purposes, or in determining whether the material or image
otherwise represents or depicts that a participant is a minor.

(4) A violation of this section is a Class C felony; however, if the number of individual images,
materials, or combination of images and materials, that are promoted, sold, distributed,
transported, purchased, exchanged or possessed, with intent to promote, sell, distribute,
transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class
B felony.

(b)(1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or
exchange material that is obscene, as defined in § 39-17-901(10), or possess material that is
obscene, with the intent to promote, sell, distribute, transport, purchase or exchange such
material, which includes a minor engaged in:

(A) Sexual activity; or

(B) Simulated sexual activity that is patently offensive.

(2) A person who violates subdivision (b)(1) may be charged in a separate count for each
individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other
pictorial representation. Where the number of materials involved in a violation under subdivision
(b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance
the class of offense under subdivision (b)(4).

(3) In a prosecution under this section, the trier of fact may consider the title, text, visual
representation, Internet history, physical development of the person depicted, expert medical
testimony, expert computer forensic testimony, and any other relevant evidence, in determining
whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or
possessed the material for these purposes, or in determining whether the material or image
otherwise represents or depicts that a participant is a minor.

(4) A violation of this section is a Class C felony; however, if the number of individual images,
materials, or combination of images and materials, that are promoted, sold, distributed,
transported, purchased, exchanged or possessed, with intent to promote, sell, distribute,
transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class
B felony.

(c) In a prosecution under this section, the state is not required to prove the actual identity or age
of the minor.

(d) A person is subject to prosecution in this state under this section for any conduct that
originates in this state, or for any conduct that originates by a person located outside this state,
where such person promoted, sold, distributed, transported, purchased, exchanged or
possessed, with intent to promote, sell, distribute, transport, purchase or exchange, material
within this state.

T.C.A. § 39-17-1005. Especially aggravated sexual exploitation

(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a
minor to participate in the performance of, or in the production of, acts or material that includes
the minor engaging in:

(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.

(b) A person violating subsection (a) may be charged in a separate count for each individual
performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or
other pictorial representation.

(c) In a prosecution under this section, the trier of fact may consider the title, text, visual
representation, internet history, physical development of the person depicted, expert medical
testimony, expert computer forensic testimony, and any other relevant evidence, in determining
whether a person knowingly promoted, employed, used, assisted, transported or permitted a
minor to participate in the performance of or in the production of acts or material for these
purposes, or in determining whether the material or image otherwise represents or depicts that a
participant is a minor.

(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as
limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction
under this section and any other related sexual offense, even if arising out of the same conduct,
be construed as limiting any applicable punishment, including consecutive sentencing under §
40-35-115, or the enhancement of sentence under § 40-35-114.

(e) In a prosecution under this section, the state is not required to prove the actual identity or age
of the minor.

(f) A person is subject to prosecution in this state under this section for any conduct that
originates in this state, or for any conduct that originates by a person located outside this state,
where such person promoted, employed, assisted, transported or permitted a minor to engage in
the performance of, or production of, acts or material within this state.