TENNESSEE [TN law changed at the end of 2012. CLICK HERE to see the previous law.]
Title 39 Criminal Offenses
Chapter 13 Offenses Against Person
Part 5 Sexual Offenses
Tenn. Code Ann. § 39-13-511 (2012)
39-13-511. Indecent exposure.
(a) (1) A person commits the offense of indecent exposure who:
(A) In a public place, as defined in § 39-11-106, or on the private premises of another, or so near
thereto as to be seen from the private premises:
(i) Intentionally:
(a) Exposes the person’s genitals or buttocks to another; or
(b) Engages in sexual contact or sexual penetration as defined in § 39-13-501; and
(ii) Reasonably expects that the acts will be viewed by another and the acts:
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person’s
residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
(a) Exposure of such person’s genitals, buttocks or female breasts; or
(b) Masturbation; or
(ii) Knowingly engages in the person’s own residence, in the intended presence of any child, for the defendant’s sexual arousal or gratification the following intentional conduct:
(a) Exposure of the person’s genitals, buttocks or female breasts; or
(b) Masturbation.
(2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships
described in § 36-3-601(5).
(3) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of
age or older and the child victim must be less than thirteen (13) years of age.
(b) (1) “Indecent exposure”, as defined in subsection (a), is a Class B misdemeanor, unless subdivision
(b)(2), (b)(3) or (b)(4) applies.
(2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
(3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or §
39-13-517, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202, the offense is a Class E felony.
(4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed
day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
(c) (1) A person confined in a penal institution, as defined in § 39-16-601, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard:
(A) Intentionally exposes the person’s genitals or buttocks to the guard; or
(B) Engages in sexual contact as defined in § 39-13-501.
(2) For purposes of this subsection (c), “guard” means any sheriff, jailer, guard, correctional officer or other authorized personnel charged with the custody of the person.
(3) Notwithstanding subsection (b), a violation of this subsection (c) is a Class A misdemeanor.
(d) This section does not apply to a mother who is breastfeeding her child in any location, public or private.
HISTORY: Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1; 2006, ch. 617,
§ 2; 2007, ch. 209, § 1; 2009, ch. 414, §§ 1, 2; 2011, ch. 91, § 2; 2012, ch. 885, § 1; 2012, ch. 1076, § 1.
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Title 39 Criminal Offenses [EXCERPTS]
Chapter 11 General Provisions
Part 1 Construction
Tenn. Code Ann. § 39-11-106 (2012)
39-11-106. Title definitions.
(a) As used in this title, unless the context requires otherwise:
…
(29) “Public place” means a place to which the public or a group of persons has access and includes,
but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not
constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place;
…
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Tennessee Code : TITLE 36 DOMESTIC RELATIONS : CHAPTER 6 CHILD CUSTODY AND VISITATION :
PART 3 VISITATION :
36-6-304. Exposure of child to nudist colony prohibited.
No person who has been granted visitation rights to a child shall, during the child’s minority, expose the child to any
facility organized or operated as a nudist colony without the consent of the custodial parent. Any court of competent
jurisdiction shall have the ability to enforce these provisions and enjoin violations of this section through the full extent of the court’s civil and criminal contempt powers.
[Acts 1996, ch. 900, § 1.]
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Tennessee Code Annotated
Title 40. Criminal Procedure
Chapter 39. Sexual Offender Registration and Monitoring
Part 2. Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of
2004
Section 40-39-202 [excerpts]
(2) …A “conviction” includes, but is not limited to, a conviction by a federal court or military tribunal, including a
court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a
plea of nolo contendere, or a finding of guilt by a jury or the court, in any other state of the United States, other
jurisdiction, or other country. A conviction, whether upon a plea of guilty, a plea of nolo contendere, or a finding of
guilt by a jury or the court, for an offense committed in another jurisdiction that would be classified as a sexual
offense under subdivision (20) or a violent sexual offense under subdivision (28), if committed in this state, shall be
considered a conviction for the purposes of this part. Convictions, for the purposes of this part, also include a plea taken in conjunction with 40-35-313, or its equivalent in any other jurisdiction.
. . .
(20) “Sexual offense” means:
(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:
. . .
(viii) Indecent exposure, under 39-13-511, upon a third or subsequent conviction;
…
(xi) Attempt, under 39-12-101, to commit any of the offenses enumerated in this
subdivision (20)(A);
(xii) Solicitation, under 39-12-102, to commit any of the offenses enumerated in
this subdivision (20)(A);
(xiii) Conspiracy, under 39-12-103, to commit any of the offenses enumerated in
this subdivision (20)(A);
(xiv) Criminal responsibility, under 39-11-402 (2), to commit any of the offenses
enumerated in this subdivision (20)(A);
(xv) Facilitating the commission, under 39-11-403, to commit any of the offenses
enumerated in this subdivision (20)(A);
(xvi) Being an accessory after the fact, under 39-11-411, to commit any of the
offenses enumerated in this subdivision (20)(A);
[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 6-9; 2007, ch. 262, §§ 1, 2; 2007, ch. 465, §§ 1, 4; 2007, ch. 594, § 6.]