This offense of “Unlawful photographing in violation of privacy” is what we commonly think of as the neighborhood ‘Peeping Tom.’ However, in this scenario, the defendant is accused of photographing the private activities of a person without his or her knowledge or consent. If the defendant photographs another person who is unaware of the spying, and who would be embarrassed if they learned of the spying, and if the defendant is looking at the person for the purpose of sexual gratification, then he or she could be charged with this offense.
Several examples of this offense include a defendant placing a hidden camera into a changing room, public bathroom, or bedroom of a roommate.
If the person being spied upon is under thirteen years of age or the photographs are distributed, then this offense is a felony. The most severe penalty of this offense is that conviction will result in the individual being placed on the Sex Offender Registry. If you have been charged with Unlawful photographing in violation of privacy, please contact me immediately to discuss how we can defend your reputation and your freedom.
Tenn. Code Ann. 39-13-605. Unlawful photographing in violation of privacy.
(a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor’s parent or guardian, if the photograph:
(1) Would offend or embarrass an ordinary person if such person appeared in the photograph; and
(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(b) As used in this section, unless the context otherwise requires, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual.
(c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.
(d) (1) A violation of this section is a Class A misdemeanor.
(2) A violation of this section is a Class E felony if:
(A) The defendant disseminates or permits the dissemination of the photograph to any other person; or
(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(3) A violation of this section is a Class D felony if:
(A) The defendant disseminates or permits the dissemination of the photograph to any other person; and
(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.