What You Need to Know About Tennessee Revenge Porn Laws
Unfortunately, many people today may experience revenge porn. Being a victim of revenge porn can be a very stressful, emotional, and difficult process. Here is everything you need to know about Tennessee revenge porn laws.
However, victims of revenge porn do have the right to pursue legal remedies for what they have experienced. Revenge porn falls under the crime of unlawful exposure in the state of Tennessee and can result in criminal proceedings, convictions, and sentencing. Victims of revenge porn in Tennessee also have the right to initiate a personal injury civil lawsuit against the offender to recover damages for the harm they have experienced.
What is Revenge Porn
Revenge porn, or revenge porgnagraphy, occurs when an individual posts sexually explicit images of another individual online without that individual’s consent as a form of harassment or revenge. Unfortunately, revenge porn has become a common occurrence in our society today. Many individuals experience revenge porn from former partners after issues arise in relationships.
Is Revenge Porn Illegal in Tennessee?
Yes, revenge porn is illegal in the state of Tennessee as of 2016. In 2016, Tennessee enacted a new law, Statute 39-17-318, criminalizing “unlawful exposure” which includes revenge porn.
Related: Is Revenge Porn Sexual Assault?
What is Unlawful Exposure?
Unlawful exposure is a crime under Tennessee state law. Unlawful exposure occurs when an individual distributes “an image of the intimate part or parts of another identifiable person” with the intent to cause emotional distress and:
- The sexually explicit content was created under an agreement that it would stay private and not be published.
- The person who is published experiences emotional distress.
What Are the Penalties for Unlawful Exposure?
Unlawful exposure is a Class A misdemeanor in Tennessee. Penalties for a Class A misdemeanor may include up to eleven months and 29 days of imprisonment and/or a fine of up to $2,500.
What is the Criminal Statute of Limitations for Unlawful Exposure?
Tennessee Statute 40-2-102 states that prosecutions for misdemeanors, such as unlawful exposure, must begin within one year of when the offense occurred.
Can you sue someone for revenge porn in Tennessee?
Yes, Tennessee allows victims of revenge porn to sue the offender for damages. Many victims of revenge pron may sue for Intentional Infliction of Emotional Distress (IIED) or Outrage. This is a type of personal injury lawsuit. Victims may also sue for defamation if the offender also published defamatory statements about the victim.
For individuals who have experienced revenge porn, there are several important steps to take to ensure they are able to receive the damages they may be entitled to. One important step is to document the crime and any of its impacts. Another critical step is to consult with an experienced personal injury attorney who can help guide one through the lawsuit process. Her Lawyer offers free consultations with experienced personal injury attorneys who can help 24/7.
What are the Elements of Intentional Infliction of Emotional Distress?
Intentional Infliction of Emotional Distress is a tort that occurs when:
- The conduct of the defendant is viewed as atrocious and intolerable.
- The victim experiences severe mental harm.
Instances of revenge porn often meet these elements, allowing victims of revenge porn to sue for damages for harm they have experienced.
What is the Civil Statute of Limitations for Suing for Revenge Porn?
Because suing for revenge porn typically falls under a type of personal injury lawsuit, according to Tennessee Statute 28-3-104, the statute of limitations for filing a lawsuit is one year from when the action occurred.
Related: Sexual Assault on College Campuses
What are Damages?
Damages are broadly defined as “a remedy in the form of monetary compensation to the harmed party.” Damages may be awarded to the injured party to make up for medical expenses, pain and suffering, emotional distress, among others.
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If you or a loved one would like to learn more about Tennessee Revenge Porn Laws, get your free consultation with one of our Family Law Attorneys in Tennessee today!