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A new Tennessee law makes it a crime to "transmit or display an image" online that is likely to "frighten, intimidate or cause emotional distress" to someone who sees it. Violations can get you almost a year in jail time or up to $2500 in fines.
The new legislation adds images to the list of communications that can trigger criminal liability. But for image postings, the "emotionally distressed" individual need not be the intended recipient. Anyone who sees the image is a potential victim. If a court decides you "should have known" that an image you posted would be upsetting to someone who sees it, you could face months in prison and thousands of dollars in fines.
39-17-308. Harassment.
(a) A person commits an offense who intentionally:
(1) Threatens, by telephone, in writing or by electronic communication, including, but not limited to, text messaging, facsimile transmissions, electronic mail or Internet services, to take action known to be unlawful against any person and by this action knowingly annoys or alarms the recipient;
(2) Places one (1) or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient;
(3) Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false; or
(4) Communicates with another person by any method described in subdivision (a)(1), without legitimate purpose:
(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or
(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and
(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.
(b) (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:
(A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
(B) Made for no legitimate purpose; and
(C) Made knowing that it will alarm or annoy the victim.
(2) If the victim of the person's offense died as the result of the offense, the provisions of this subsection (b) shall apply to the deceased victim's next-of-kin.
(c) A violation of subsection (a) is a Class A misdemeanor. A violation of subsection (b) is a Class E felony.
39-17-308. Harassment.
(a) A person commits an offense who intentionally:
(1) Threatens, by telephone, in writing or by electronic communication, including, but not limited to, text messaging, facsimile transmissions, electronic mail or Internet services, to take action known to be unlawful against any person and by this action knowingly annoys or alarms the recipient;
(2) Places one (1) or more telephone calls anonymously, or at an hour or hours known to be inconvenient to the victim, or in an offensively repetitious manner, or without a legitimate purpose of communication, and by this action knowingly annoys or alarms the recipient;
(3) Communicates by telephone to another that a relative or other person has been injured, killed or is ill when the communication is known to be false; or
(4) Communicates with another person or transmits or displays an image in a manner in
which there is a reasonable expectation that the image will be viewed by the victim, by any method described in subdivision (a)(1), without legitimate purpose:
(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or
(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and
(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.
(b) (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pre-trial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:
(A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
(B) Made for no legitimate purpose; and
(C) Made knowing that it will alarm or annoy the victim.
(2) If the victim of the person's offense died as the result of the offense, the provisions of this subsection (b) shall apply to the deceased victim's next-of-kin.
(c) Except as provided in subdivision (d), a violation of subsection (a) is a Class
A misdemeanor. A violation of subsection (b) is a Class E felony.
(d)
(1) A violation by a minor of subdivision (a)(4) is a delinquent act and
shall be punishable only by up to thirty (30) hours of community service, without
compensation, for charitable or governmental agencies as determined by the
court.
[ ] As used in this section:
( 1) "Electronic communications service" means any transfer of signs,
signals, writing, images, sounds, data, or intelligence of any nature transmitted in
whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical
system;
(2) "Image" includes, but is not limited to, a visual depiction, video clip or
photograph of another person;
(3) "Log files" mean computer-generated lists that contain various types
of information regarding the activities of a computer, including, but not limited to,
time of access to certain records, processes running on a computer or the usage
of certain computer resources; and
(4) "Social network" means any online community of people who share
interests and activities, or who are interested in exploring the interests and
activities of others, and which provides ways for users to interact.
HB0229 by Dunn SB0049 by Campfield Education, Curriculum - As introduced, prohibits the teaching of or furnishing of materials on human sexuality other than heterosexuality in public school grades K-8. - Amends TCA Title 49, Chapter 6, Part 10.
HB1869 Criminal Offenses - As enacted, increases penalty for disorderly conduct within 500 feet of a funeral or memorial service from Class C misdemeanor to Class B misdemeanor. - Amends TCA Title 39, Chapter 17, Part 3.
58 HB0018 Traffic Safety - As enacted, eliminates a minimum and maximum range of fines for obscene displays on motor vehicles and specifies that the fine is a flat $50.00. - Amends TCA Section 55-8-187.
91 SB0083 Children - As enacted, deletes the age limitation in statute permitting mothers to publicly breastfeed only their children who are age 12 months or younger. - Amends TCA Section 39-13-511 and Title 68, Chapter 58
Which is a good intention, however it lead to this....
251 HB0301 Education - As enacted, defines cyber-bullying and requires schools to implement policies against cyber-bullying. - Amends TCA Title 49, Chapter 6, Part 10.
362 HB0300 Criminal Offenses - As enacted, broadens offense of harassment to include certain electronic communication with or about another person or transmission or display of certain images; in certain circumstances, allows law enforcement to access log files, images or communications posted on social network services' Web sites. - Amends TCA Title 39, Chapter 17, Part 3.
SB0633 Criminal Offenses - As enacted, specifies that when a defendant commits a homicide or assault against a pregnant woman, the woman's fetus, regardless of viability, is also considered a victim of the offense. - Amends TCA Section 39-13-107 and Section 39-13-