Tennessee Code Annotated
Tenn. Code Ann. § 39-17-1002 (2026)
Part definitions
✓ current as of May 2026
The following definitions apply in this part, unless the context otherwise requires:
- (1) "Artificial intelligence":
- (A) Means a machine-based system that:
- (i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or
- (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and
- (B) Includes generative artificial intelligence;
- (A) Means a machine-based system that:
- (2) "Community" means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;
- (3) "Generative artificial intelligence" means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual;
- (4) "Material" means:
- (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
- (B) Any statue, figure, theatrical production or electrical reproduction;
- (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval;
- (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; or
- (E) Any computer image, or computer-generated image, including an image created, adapted, or modified by artificial intelligence, whether made or produced by electronic, mechanical, or other means;
- (5) "Minor" means any person who has not reached eighteen (18) years of age;
- (6) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters;
- (7) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;
- (8) "Promote" means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;
- (9) "Prurient interest" means a shameful or morbid interest in sex; and
- (10) "Sexual activity" means any of the following acts:
- (A) Vaginal, anal or oral intercourse, whether done with another person or an animal;
- (B) Masturbation, whether done alone or with another human or an animal;
- (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
- (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
- (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
- (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
- (G) Exhibition of the breast, genitals, buttocks, anus, or pubic or rectal area of any minor that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
Amended by 2024 Tenn. Acts, ch. 911,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 911,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 371, s 1, eff. 5/11/2021.
Amended by 2017 Tenn. Acts, ch. 249, s 1, eff. 5/2/2017.
Acts 1990, ch. 1092, § 7; 1995, ch. 216, § 1; 1999, ch. 343, §§ 1 - 4; 2001, ch. 147, § 1; 2005, ch. 496, § 1.
Notes of Decisions
Cited in 37
cases (4 in the last 5 years), 1995–2025 · leading case: State of Tennessee v. Thomas Whited, 506 S.W.3d 416 (Tenn. 2016).
State of Tennessee v. Thomas Whited, 506 S.W.3d 416 (Tenn. 2016). “See Tenn. Code Ann. § 39-17-1005 . The trial judge read all of the statutory definitions of “sexual activity,” including the applicable definition, which is the “lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.”
VanArsdall v. State, 919 S.W.2d 626 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 39-17-1002 (2)(A)(B) (1991 Repl.”
State v. Pickett, 211 S.W.3d 696 (Tenn. 2007). “Tennessee Code Annotated section 39-17-1002(2) (2003) defines “material” as follows: (A) Any picture, drawing, photograph, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; or (C)…”
State of Tennessee v. Jared Scott Aguilar, 437 S.W.3d 889 (Tenn. Crim. App. 2013). “Code section 39-17-1002 provides: “Material” means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statute, figure, theatrical production or electrical reproduction; (C)…”
United States v. Moon, 73 M.J. 382 (C.A.A.F. 2014). “665 (West 2014) (defining "[s]exually explicit conduct” to include lewd exhibitions of sexual or other intimate parts); Tenn.Code Ann. § 39-17-1002.[8](G) (West 2014) (including lascivious exhibition of the female breast or genitals in the definition of "[s]ex-ual activity”);…”
Backpage.Com, LLC v. Cooper, 939 F. Supp. 2d 805 (M.D. Tenn. 2013). “*835 Tenn. Code Ann. § 39-17-1002 (8) (West 2012).”
State v. Michael R., 346 Conn. 432 (Conn. 2023). “’’ Tenn. Code Ann. § 39-17-1002 (8) (G) (2012).”
State of Tennessee v. John Ray Thompson (Tenn. Crim. App. 2004). “” Tenn. Code Ann. § 39-17-1002 (5) (2003). “Sexual activity” includes acts that are “Patently offensive, as determined by contemporary community standards.”
Kenneth Coleman Benefiel v. State of Tennessee (Tenn. Crim. App. 2013). “However, he said, “It was my determination, after seeing the photographs and viewing the statute, that the photographs did [meet the definition of “sexual activity”] under [subsection] eight (8) [of Tennessee Code Annotated section 39-17-1002 and that] the State had a reasonable…”
State of Tennessee v. Adonis Donnell Holbrooks (Tenn. Crim. App. 2020). “” T.C.A. § 39-17-1002(6). “Sexual activity” in the context of this case means “[l]ascivious exhibition of the female breast or the genitals, buttocks, anus, or pubic or rectal area of any person.”
State of Tennessee v. Glenn Fred Glatz (Tenn. Crim. App. 2020). “§ 39-17-1002(4). A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense .”
State of Tennessee v. David Scott Hall (Tenn. Crim. App. 2017). “Tenn. Code Ann. § 39-17-1002 (8). As noted by the Appellant, the only definition of “sexual activity” arguably applicable to this case would be subsection (G), whether the video attempted to depict the minor victim engaged in the “[l]ascivious exhibition of the female breast or…”
— Tenn. Code Ann. § 39-17-1002(2) — 7 cases
VanArsdall v. State, 919 S.W.2d 626 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 39-17-1002 (2)(A)(B) (1991 Repl.”
State v. Pickett, 211 S.W.3d 696 (Tenn. 2007). “Tennessee Code Annotated section 39-17-1002(2) (2003) defines “material” as follows: (A) Any picture, drawing, photograph, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; or (C)…”
State of Tennessee v. Jared Scott Aguilar, 437 S.W.3d 889 (Tenn. Crim. App. 2013). “Code section 39-17-1002 provides: “Material” means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statute, figure, theatrical production or electrical reproduction; (C)…”
State of Tennessee v. Michael Edward Cohen (Tenn. Crim. App. 2021).
State of Tennessee v. Timothy Curtis Greenman (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-17-1002(2)(A) — 3 cases
State v. Pickett, 211 S.W.3d 696 (Tenn. 2007). “Tennessee Code Annotated section 39-17-1002(2) (2003) defines “material” as follows: (A) Any picture, drawing, photograph, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; or (C)…”
State of Tennessee v. Tolbert Cates Kail (Tenn. Crim. App. 2013).
State of Tennessee v. John Ray Thompson (Tenn. Crim. App. 2004). “” Tenn. Code Ann. § 39-17-1002 (5) (2003). “Sexual activity” includes acts that are “Patently offensive, as determined by contemporary community standards.”
— Tenn. Code Ann. § 39-17-1002(3) — 1 case
State of Tennessee v. Tolbert Cates Kail (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-17-1002(4) — 4 cases
VanArsdall v. State, 919 S.W.2d 626 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 39-17-1002 (2)(A)(B) (1991 Repl.”
State of Tennessee v. Carlos Wilson (Tenn. Crim. App. 2015).
State of Tennessee v. Glenn Fred Glatz (Tenn. Crim. App. 2020). “§ 39-17-1002(4). A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense .”
Kenneth Coleman Benefiel v. State of Tennessee (Tenn. Crim. App. 2013). “However, he said, “It was my determination, after seeing the photographs and viewing the statute, that the photographs did [meet the definition of “sexual activity”] under [subsection] eight (8) [of Tennessee Code Annotated section 39-17-1002 and that] the State had a reasonable…”
— Tenn. Code Ann. § 39-17-1002(6) — 3 cases
State of Tennessee v. Adonis Donnell Holbrooks (Tenn. Crim. App. 2020). “” T.C.A. § 39-17-1002(6). “Sexual activity” in the context of this case means “[l]ascivious exhibition of the female breast or the genitals, buttocks, anus, or pubic or rectal area of any person.”
State of Tennessee v. John David Smartt (Tenn. Crim. App. 2017).
State of Tennessee v. Lavar Jernigan (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 39-17-1002(7) — 1 case
VanArsdall v. State, 919 S.W.2d 626 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 39-17-1002 (2)(A)(B) (1991 Repl.”
— Tenn. Code Ann. § 39-17-1002(8) — 2 cases
State of Tennessee v. Glenn Fred Glatz (Tenn. Crim. App. 2020). “§ 39-17-1002(4). A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense .”
Kenneth Coleman Benefiel v. State of Tennessee (Tenn. Crim. App. 2013). “However, he said, “It was my determination, after seeing the photographs and viewing the statute, that the photographs did [meet the definition of “sexual activity”] under [subsection] eight (8) [of Tennessee Code Annotated section 39-17-1002 and that] the State had a reasonable…”
— Tenn. Code Ann. § 39-17-1002(8)(A) — 1 case
State of Tennessee v. Tolbert Cates Kail (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-17-1002(8)(C) — 1 case
Kenneth Coleman Benefiel v. State of Tennessee (Tenn. Crim. App. 2013). “However, he said, “It was my determination, after seeing the photographs and viewing the statute, that the photographs did [meet the definition of “sexual activity”] under [subsection] eight (8) [of Tennessee Code Annotated section 39-17-1002 and that] the State had a reasonable…”
— Tenn. Code Ann. § 39-17-1002(8)(D) — 1 case
State of Tennessee v. Patrick M. Lonie (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-17-1002(8)(G) — 5 cases
State of Tennessee v. Thomas Whited, 506 S.W.3d 416 (Tenn. 2016). “See Tenn. Code Ann. § 39-17-1005 . The trial judge read all of the statutory definitions of “sexual activity,” including the applicable definition, which is the “lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.”
Jarrett A. Jones v. State of Tennessee (Tenn. Crim. App. 2020).
State of Tennessee v. Adonis Donnell Holbrooks (Tenn. Crim. App. 2020). “” T.C.A. § 39-17-1002(6). “Sexual activity” in the context of this case means “[l]ascivious exhibition of the female breast or the genitals, buttocks, anus, or pubic or rectal area of any person.”
State of Tennessee v. Lavar Jernigan (Tenn. Crim. App. 2017).
State of Tennessee v. Thomas William Whited (Tenn. Crim. App. 2015).
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