Revenge Porn Laws in Tennessee (2026): Your Rights and What to Do
Tennessee's unlawful exposure offense is a Class A misdemeanor and, unusually, it turns on emotional distress: the state must show the image was shared with intent to cause distress and that it actually caused it. Tennessee also has no dedicated civil statute for intimate images, so civil claims run through the ordinary torts, and the position on AI-generated content is still unsettled.
Tennessee at a Glance
- Statute
- Unlawful exposure — Tenn. Code Ann. § 39-17-318
- Criminal classification
- Class A misdemeanor
- Maximum penalty
- Up to 11 months and 29 days in jail and a fine of up to $2,500
- Can you sue?
- No dedicated civil claim
- Time limit to sue
- Generally one year for personal-injury style claims under Tenn. Code Ann. § 28-3-104
- Deepfakes / AI images
- Unclear
Is Revenge Porn Illegal in Tennessee?
Yes. Tenn. Code Ann. § 39-17-318, the unlawful exposure offense, makes it a crime to knowingly distribute an image of the intimate parts of an identifiable person, or of that person engaged in sexual conduct, with the intent to cause emotional distress, where the image was photographed or recorded under circumstances in which the parties agreed or understood it would remain private.
Two features narrow the offense compared with other states. First, the distribution must be intended to cause emotional distress, so a careless forward or a share for another motive may fall outside it. Second, the person depicted must actually suffer emotional distress as a result, which means your own account of the impact is part of the case rather than an afterthought.
The person must also be identifiable from the image itself or from information displayed with it. Tennessee separately prosecutes observation without consent under § 39-13-607 and unlawful photographing in violation of privacy under § 39-13-605, which cover images taken secretly even if they are never shared.
Penalties for Sharing Intimate Images in Tennessee
Unlawful exposure is a Class A misdemeanor, the most serious misdemeanor grade in Tennessee. It carries up to 11 months and 29 days in jail and a fine of up to $2,500, along with the possibility of probation conditions and no-contact orders.
Where the conduct is part of a wider pattern, prosecutors often add harassment under § 39-17-308, stalking under § 39-17-315, or extortion under § 39-14-112 where someone demands money, images or contact in exchange for not posting. Extortion is a felony and is charged frequently in sextortion cases.
If the images depict a minor, Tennessee's child sexual abuse material offenses apply instead and are felonies with far heavier penalties, regardless of who took the photograph or how it was obtained.
Can I Sue Someone in Tennessee?
There is no dedicated intimate-image civil statute in Tennessee equivalent to those in Washington or New Jersey, so civil claims are usually built on established torts: invasion of privacy through public disclosure of private facts, intentional infliction of emotional distress, and breach of a written agreement where one exists.
Those claims are real and are regularly brought, but they carry a heavier evidential burden than a statutory claim, because you have to establish the elements of the tort and prove your losses rather than rely on a fixed damages figure set by statute.
Timing is tight. Tennessee's limitation period for personal-injury style claims is generally one year under Tenn. Code Ann. § 28-3-104, which is among the shortest in the country. Contract claims usually have longer, which is one practical reason a signed written agreement is worth having. Speak to a Tennessee attorney quickly rather than waiting to see whether a criminal case proceeds.
Does Tennessee Cover Deepfakes and AI Images?
The position is unsettled and you should not assume coverage. Tennessee's unlawful exposure offense is framed around an image that was photographed or recorded under an expectation of privacy, wording that does not obviously fit a fabricated image that was never taken in the first place. Bills to extend the offense to images created or modified by software or artificial intelligence have been put before the General Assembly, so this may change.
Tennessee's ELVIS Act, which drew national attention in 2024, protects a person's voice and likeness against unauthorized commercial use, particularly in music. It is not designed for nonconsensual sexual imagery and should not be relied on as one.
The federal position is clearer: the TAKE IT DOWN Act requires covered platforms to remove reported nonconsensual intimate imagery, including digital forgeries, within 48 hours of a valid request, so a takedown route exists even where the state criminal position is uncertain.
What to Do Right Now If Your Images Were Shared in Tennessee
- 1
Preserve the Evidence Before Reporting It
Save screenshots showing the post, the account name, the full URL, and the date and time. Keep the original messages that show the image was meant to stay private, since the private-understanding element is central to the Tennessee offense.
- 2
Record the Impact on You
Tennessee requires proof that the distribution caused emotional distress. A dated note of the effect on your work, sleep, study or health, and any medical or counselling records, is genuinely useful evidence rather than a formality.
- 3
Use the Platform's Intimate-Image Report
Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint, and keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports. For adult images, StopNCII.org can hash-block re-uploads, and NCMEC's Take It Down service covers images taken when you were under 18.
- 4
Report It in Tennessee
Contact your local police department or sheriff's office, or the district attorney general for your judicial district, and refer to Tenn. Code Ann. § 39-17-318. Mention any threats, stalking, extortion, hacking or images of a minor, because separate and more serious charges may apply.
- 5
Get Legal Advice Quickly
Tennessee's one-year deadline for personal-injury style claims is unusually short, so speak to a Tennessee attorney early about privacy torts, emotional distress and breach of any written agreement rather than waiting for the criminal case to finish.
Be Safer With a Written NDA as Evidence
Most of Tennessee's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.
Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.
Create a free agreementTennessee: Frequently Asked Questions
Is revenge porn illegal in Tennessee?
What is the penalty for revenge porn in Tennessee?
Can I sue someone in Tennessee for sharing intimate images?
Does Tennessee law cover AI deepfake nudes?
Does Tennessee require proof that I was upset?
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This page provides general information about Tennessee law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Tennessee. Last reviewed August 2026.