Tennessee Code Annotated

Tenn. Code Ann. § 39-17-902 (2026)

Producing, importing, preparing, distributing, processing or appearing in obscene material or exhibition - Distribution to or employment of minors

✓ current as of May 2026

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(a)
- (1) It is unlawful to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of 18 U.S.C. § 2257. It is unlawful to direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense.
- (2) It is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades kindergarten through twelve (K-12).

(b) It is unlawful for any person to hire, employ or use a minor to do or assist in doing any of the acts described in subsection (a) with knowledge that the person is a minor under eighteen (18) years of age, or while in possession of the facts that the person should reasonably know that the person is a minor under eighteen (18) years of age. However, this section shall not apply to those acts that are prohibited by §§ 39-17-1003 - 39-17-1005.

(c)
- (1) A violation of subdivision (a)(1) is a Class A misdemeanor, and, in addition, any corporation or business entity that violates this section shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
- (2) A second or subsequent violation of subdivision (a)(1) is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation; provided further, that the range of fines authorized for a first violation by a corporation or business entity shall also be applicable for second or subsequent violations by the corporation or entity.
- (3) A violation of subdivision (a)(2) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).

(d) A violation of subsection (b) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).

(e)
- (1) It is an exception to this section that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification.
- (2) The educational justification exception established in subdivision (e)(1) does not apply if the obscene material is possessed by a person with the intent to send, sell, distribute, exhibit, or display the material to a minor.

Amended by 2023 Tenn. Acts, ch. 278, s 3, eff. 7/1/2023.

Amended by 2023 Tenn. Acts, ch. 278, s 2, eff. 7/1/2023.

Amended by 2023 Tenn. Acts, ch. 278, s 1, eff. 7/1/2023.

Amended by 2022 Tenn. Acts, ch. 1002, s 1, eff. 7/1/2022.

Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 4; 1991, ch. 469, § 1; 1996, ch. 1070, § 1.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1993–2025 · leading case: State v. Pendergrass, 13 S.W.3d 389 (Tenn. Crim. App. 1999).

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State v. Pendergrass, 13 S.W.3d 389 (Tenn. Crim. App. 1999). · cites it 14× “Whether Code section 39-17-902 is unconstitutional either on its face or as applied.”

State v. Marshall, 859 S.W.2d 289 (Tenn. 1993). · cites it 4× “…39-6-1104(a) and 39-6-1101(5) that were in effect in 1987 are currently codified, in substantially the same form, as T.C.A. §§ 39-17-902(a) and § 39-17-901(10), respectively. PERIPHERAL ISSUES The only issue that is before the Court is whether the provisions of T.C.A. §§…”

State of Tennessee v. Kentrel Moragne (Tenn. Crim. App. 2025). · cites it 2× “In fact, the court noted that the husband was not even being investigated for violating Tennessee Code Annotated section 39-17-308, but instead for section 39-17-902. Id. at 623 n.2. The court of appeals affirmed the trial court’s grant of the motion to dismiss, in part because…”

State of Tennessee v. Richard Allen Butler & State of Tennessee v. Re'Licka DaJuan Allen (Tenn. Crim. App. 2005). · cites it 2× “In ordering the production of the evidence, the Allen trial court relied on the Butler trial court’s similar ruling, as well as the decisions of 1 The obscenity statute states in pertinent part that “[i]t is an exception to this section that the obscene material is possessed by…”

Mark Medley v. State of Tennessee (Tenn. Crim. App. 2006). “(d) Prosecutions for any offense committed against a child prior to July 1, 1997, that constitutes a criminal offense under the provisions of §§ 39-2-601, 39-2-603, 39-2-604, 39-2-606, 39-2-607, 39-2-608, 39-2- 612, 39-4-306, 39-4-307, 39-6-1137, or § 39-6-1138, or under the…”

State of Tennessee v. Evangeline Combs & Joseph D. Combs (Tenn. Crim. App. 2002). “uly 1, 1997, that constitutes a criminal offense under the provisions of §§ 39-2-601 [repealed], 39-2-603 [repealed], 39-2-604 [repealed], 39-2-606 [repealed], 39-2-607 [repealed], 39-2-608 [repealed], 39-2-612 [repealed], 39-4-306 [repealed], 39-4-307 [repealed], 39-6-1137…”

— Tenn. Code Ann. § 39-17-902(a) — 2 cases

State v. Pendergrass, 13 S.W.3d 389 (Tenn. Crim. App. 1999). “Whether Code section 39-17-902 is unconstitutional either on its face or as applied.”

State v. Marshall, 859 S.W.2d 289 (Tenn. 1993). “…39-6-1104(a) and 39-6-1101(5) that were in effect in 1987 are currently codified, in substantially the same form, as T.C.A. §§ 39-17-902(a) and § 39-17-901(10), respectively. PERIPHERAL ISSUES The only issue that is before the Court is whether the provisions of T.C.A. §§…”

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