Tennessee Senate Bill SB0685

Tennessee 2025-2026 Regular Session

• Introduced: 1/31/25
• Chaptered: 5/27/25
• Passed: 5/27/25

Caption

AN ACT to amend Tennessee Code Annotated, Section 39-13-605 and Title 40, Chapter 39, Part 2, relative to unlawful photography.

Summary

This bill expands Tennessee’s unlawful photography law by rewriting Tennessee Code Annotated § 39-13-605. It broadens the offense to cover several forms of nonconsensual photography taken where a person has a reasonable expectation of privacy, including images intended to sexually arouse the defendant, images that include unclothed intimate areas, and images taken to offend, intimidate, embarrass, ridicule, or harass the victim when the image is disseminated or threatened to be disseminated. The bill also clarifies that a person may have a reasonable expectation of privacy even if the photo is taken in a public or semi-public place, so long as the image is captured in an offensive or embarrassing manner that reveals body areas not visible to ordinary observation. The measure increases criminal penalties for unlawful photography and adds aggravating circumstances. It makes violations of the newly covered subdivisions Class E, Class D, or Class C felonies depending on the facts, including whether the victim is under 13, whether a minor under 13 was used to facilitate the offense, or whether the defendant occupied a position of trust or supervisory authority over the victim. It also changes the handling of seized photographs from destruction to disposal under existing law and requires sex offender registration for certain unlawful photography convictions. The bill further amends the sexual offender registration statute to include unlawful photography offenses committed on or after July 1, 2025. The overall sentiment reflected in the available legislative history is strongly supportive. The bill passed the Senate Judiciary Committee 7-0 and the Senate Finance, Ways and Means Committee 10-0, indicating unanimous committee approval at each stage shown. The final enacted chapter also reflects broad legislative agreement, with no recorded opposition in the provided vote history. The main policy focus is protecting privacy, minors, and victims of sexual exploitation or harassment, while also strengthening enforcement tools against voyeurism and image-based abuse. The most notable points of potential contention are the bill’s expanded definition of reasonable expectation of privacy and the increased felony penalties, including mandatory sex offender registration for some convictions. Those provisions could raise concerns about the breadth of the offense and the severity of collateral consequences, but no specific opposition is shown in the provided materials.

Impact

The bill substantially amends Tennessee’s unlawful photography statute, Tennessee Code Annotated § 39-13-605, by expanding the conduct covered, clarifying privacy expectations, increasing felony classifications for certain violations, and requiring sex offender registration for specified offenses. It also amends Title 40, Chapter 39, Part 2 to add certain unlawful photography convictions to the list of registerable sexual offenses. The act applies prospectively to conduct committed on or after July 1, 2025.

Sentiment

The available legislative record shows clear support for the bill. It advanced unanimously through the Senate Judiciary Committee and the Senate Finance, Ways and Means Committee, with no recorded dissent in the provided votes. The enacted chapter suggests the measure was viewed as a protective response to unlawful, exploitative, or harassing photography.

Contention

No direct opposition appears in the provided committee or vote history, but the bill’s most likely points of contention are its expanded scope and enhanced penalties. In particular, the broadened definition of reasonable expectation of privacy, the inclusion of images taken to embarrass or harass, the felony escalations, and the sex offender registration requirement could be viewed as significant increases in criminal liability and collateral consequences. Those concerns would most likely come from stakeholders worried about overbreadth, prosecutorial discretion, or proportionality of punishment.