Tennessee Child Pornography Laws
By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed February 27, 2025
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Child pornography, or Child Sexual Assault Material (CSAM), is illegal in the United States. There are federal and state laws governing sex crimes, including child porn. Tennessee law penalizes the creators and owners of CSAM as well as those who disseminate content involving the sexual exploitation of children.
Many states craft their child pornography laws based on the age of the victim. Tennessee child pornography offenses are different in that they don't rely on the age of the victim significantly. So, Tennessee lawmakers treat child pornography charges involving a 17-year-old the same as they do crimes involving a 4-year-old.
Also, prosecutors don't have to prove that the child in the pornographic materials is actually under 18. Instead, a defendant can be guilty of this crime if the images appear to depict a child under 18 in a sexual manner.
Here, we will summarize Tennessee's child porn laws and the penalties for these offenses. We'll briefly discuss the defenses your criminal defense lawyer can cite in your CSAM case.
What Is Sexual Activity Under Tennessee Law?
It is illegal in Tennessee to engage in sexual activity with someone under 18.
According to Tennessee Code § 39-17-1002, sexual activity includes the following:
- Vaginal, anal, or oral intercourse
- Masturbation
- Inserting a body part or object into the anus or vagina
- Patently offensive physical contact with a victim's genitals, buttocks, or breasts
- Sadomasochism
- Patently offensive depictions of excretions for sexual gratification or stimulation
- Exhibition of a victim's genitals, buttocks, anuses, or female breasts
If law enforcement finds that you've done any of the above with a minor, they will arrest you and charge you with sexual exploitation of a minor.
Aggravated Sexual Exploitation of a Minor
You'll face these charges if you knowingly promote, sell, transport, or exchange obscene materials showing a child engaged in sexual activity.
Possession with the intent to sell or distribute is also an aggravated offense. It's a Class C felony unless there are more than 25 images, in which case it will be a Class B felony.
If a person knowingly photographs a minor for sexual gratification, the minor is in a state of nudity, and the minor has a reasonable expectation of privacy, the state can charge the person taking the picture with aggravated unlawful photographing, which is a Class C felony.
There is a separate section for "Especially aggravated sexual exploitation of a minor." This crime involves a defendant who knowingly uses, transports, or permits a child to engage in the performance or production of materials that show the child engaging in sexual activity.
The state typically reserves these charges for the creators of CSAM. Defendants may face a separate Class B felony charge for each performance, film, or picture. Depending on the conduct of the child pornographer, the state may file more charges, including rape, sexual battery, continuous sexual abuse of a child, assault, domestic assault, and human trafficking.
Tennessee's Child Pornography Laws at a Glance
In 1990, the Tennessee legislature passed the "Tennessee Protection of Children Against Sexual Exploitation Act." This statute outlines the various child pornography offenses and their corresponding penalties.
The chart below outlines the main provisions of the Tennessee child pornography laws.
| Code sections | Tennessee Code Sections:
|
|---|---|
| What is prohibited? | It is against the law to knowingly possess material showing a minor engaged in patently offensive sexual activity or simulated sexual activity that's patently offensive. It is also illegal to do the following:
If caught doing any of the above, the state will charge you with a Class D felony. If your case involves more than 50 images or films, it will result in a Class C felony. Finally, if there are more than 100 images or videos, the prosecutor will charge you with a Class B felony. As discussed above, the state may also charge you with aggravated sexual exploitation of a minor. The prosecuting attorney doesn't have to prove the actual age of the victim in a child pornography case. |
| Penalties | In Tennessee, the penalties for felony child pornography crimes are:
Also, the state can seize a defendant’s assets in CSAM cases. Under Tennessee Code Section 39-17-1008, offenders may lose real or personal property they use in the commission of the crime. The proceeds go to the state child abuse fund. |
| Defenses | Tennessee law explicitly states that consent is not a defense to child porn offenses, much like statutory rape laws. But, other defenses may apply, such as innocence, insanity, or lack of intent. For example, your attorney may argue that you didn't realize the content was child porn when you bought it. |
Note: State and federal laws change frequently. Contact a Tennessee sex crime attorney or conduct legal research to confirm current state laws.
Consult a Criminal Law Attorney for Help
If you're facing child pornography charges in Tennessee, you may want to seek legal representation. The penalties for these crimes are severe and will impact the rest of your life. Consult a skilled child pornography attorney in Tennessee for help.
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