Tennessee Code Annotated
Tenn. Code Ann. § 39-17-914 (2026)
Display for sale or rental of material harmful to minors
✓ current as of May 2026
- (a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.
- (b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if:
- (1) The material is:
- (A) Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors;
- (B) Located at a height of not less than five and one-half feet (51/2') from the floor; and
- (C) Reasonable steps are taken to prevent minors from perusing the material;
- (2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;
- (3) The material is placed out of sight underneath the counter; or
- (4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults;
- (5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or
- (6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
- (1) The material is:
- (c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 5; 2000, ch. 763, § 2.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1993–2024 · leading case: Davis-Kidd Booksellers, Inc. v. McWherter, 866 S.W.2d 520 (Tenn. 1993).
Davis-Kidd Booksellers, Inc. v. McWherter, 866 S.W.2d 520 (Tenn. 1993). “; see also Tenn.Code Ann. § 39-17-903(a) (1991). The plaintiffs first argue that because the definition of nuisance includes places where violations of the display statute, Tenn.”
Friends of George's, Inc. v. Steven Mulroy, 108 F.4th 431 (6th Cir. 2024). “2d at 522 (emphasis omitted) (quoting Tenn. Code Ann. § 39-17-914 (a) (1991)). In the introductory paragraphs of the opinion, the Davis-Kidd court announced that “the display statute is readily susceptible to a narrowing construction which makes it only applicable to those…”
Friends of Georges, Inc. v. Steven J. Mulroy, in his Off. & individual capacity (W.D. Tenn. 2023). “15 Even if the Davis-Kidd opinion were attached with the AEA (it is not), some might say that an equally convincing reading of Davis-Kidd is that the Tennessee Supreme Court applied its narrowing construction only to the adult materials display statute (§ 39-17-914(a)) and not…”
East Brooks Books, Inc. v. Shelby Cnty., Tennessee (6th Cir. 2009). “” Tenn. Code Ann. § 39-17-914 ; Davis-Kidd Booksellers v.”
Tenn. Code Ann. § 39-17-914(a): 2 cases
Davis-Kidd Booksellers, Inc. v. McWherter, 866 S.W.2d 520 (Tenn. 1993). “; see also Tenn.Code Ann. § 39-17-903(a) (1991). The plaintiffs first argue that because the definition of nuisance includes places where violations of the display statute, Tenn.”
Friends of Georges, Inc. v. Steven J. Mulroy, in his Off. & individual capacity (W.D. Tenn. 2023). “15 Even if the Davis-Kidd opinion were attached with the AEA (it is not), some might say that an equally convincing reading of Davis-Kidd is that the Tennessee Supreme Court applied its narrowing construction only to the adult materials display statute (§ 39-17-914(a)) and not…”
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