Tennessee Revenge Porn Laws: Remedies for Victims

In Tennessee, sharing someone’s private, sexually explicit images without their consent isn’t just unethical – it’s illegal. If you’re a victim of revenge porn, you have legal options to hold the person who shared your content without your consent accountable under both criminal and civil law. At Minc Law, we specialize in helping clients navigate this difficult situation. Here’s what you need to know about your rights and remedies under Tennessee’s revenge porn statute.

Under TN Code § 39-17-318, the nonconsensual dissemination of intimate images (referred to in the statute as “unlawful exposure”) is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and/or fines up to $2,500.

What Is The Legal Definition Of Revenge Porn In Tennessee?

Under Tennessee Code § 39-17-318, it is illegal to disseminate images or videos of an identifiable person’s intimate parts or of them engaged in sexual activity if:

• The images were obtained or created under circumstances where the person depicted had a reasonable expectation of privacy;
• The images were disseminated without the consent of the depicted person, and
• The images were disseminated with the intent to cause emotional distress to the depicted person.

Generally speaking, if someone shares nude or sexual images of you online or with others without your permission, they can be criminally prosecuted under Tennesee’s revenge porn statute.

If you believe you are a victim of revenge porn, the most important first step is to document and preserve all evidence of the crime. Even if you don’t intend to press criminal charges against the person who distributed your images without your consent, documenting and preserving all the images can help you file a civil lawsuit and request their removal.

What Steps Can I Take to Protect Myself If I Am the Victim of Revenge Porn In Tennessee?

1. Document the evidence: Take screenshots of the webpage(s) where your intimate images appear. Include the URL, dates and any identifying information about the defendant. Save copies of any texts, emails or messages from the defendant related to the images.
   However, if you or anyone else is under 18 in the content, you should NOT preserve or download the actual images. This could be construed as possession of child pornography.
2. Write down details: Note the backstory of when/where the images were taken, who took them, how others obtained them and what statements they made about disseminating them. Recall any witnesses who may have information.
3. Contact law enforcement: File a police report with your local law enforcement agency. In Tennessee, you can file in the city where you live, where the defendant lives, or where the images were disseminated. Provide them with all documented evidence and remind them that revenge porn is a crime in Tennessee if need be.
4. Preserve all communications: If the person who distributed your images without your consent contacts you, save copies of all communications but do not engage or respond. Let the police, prosecutors, and your attorney handle direct contact.
5. Consider filing a civil lawsuit: In addition to criminal charges, you may have civil legal options. You can sue the person who shared your content without your consent for invasion of privacy, intentional infliction of emotional distress, or defamation for public disclosure of private facts. Let’s look closer at those civil remedies.
6. Consider Other Remedies: If you do not want to involve law enforcement or the courts, you can still seek the removal of your intimate content by sending takedown notices to the websites hosting the content and de-indexing requests to Google.

Can I Sue The Person Who Shared My Images Without My Consent For Revenge Porn In Tennessee?

Yes, victims of revenge porn in Tennessee can file a civil lawsuit against the person who posted their images without their consent for monetary damages and injunctive relief (a court order requiring the defendant to stop their behavior and/or remove the images). Some common civil causes of action include:

Intentional Infliction of Emotional Distress (IIED) or Outrage

An IIED claim (also called outrage) arises when someone intentionally or recklessly engages in extreme and outrageous conduct that causes you severe emotional distress. Posting revenge porn could qualify if the person who shared your intimate content without your consent intended to cause you distress or acted with reckless disregard for your well-being and you experience severe mental distress as a direct result of them posting your intimate content.

Defamation

If the person who posted your content without your consent makes any false statements about you in posting the revenge porn, such as false comments concerning your sexual history, you may have a valid defamation claim if the statements are untrue and harmful to your reputation.

Public Disclosure of Private Facts

This claim arises when someone publicly discloses private information that is not of legitimate public concern and would be highly offensive to a reasonable person. Intimate images privately created and/or shared in a relationship are generally not of public concern and may give rise to a claim for public disclosure of private facts.

In a civil lawsuit, you can recover monetary damages for the harm the revenge porn caused you, such as emotional distress, damage to your reputation, lost wages, and more. The court can also issue an injunction ordering the defendant to remove the images and stop posting or sharing them.

It’s critical to begin gathering evidence and consult with an experienced attorney as soon as possible, as statutes of limitations restrict the time frame to file a lawsuit. In Tennessee, most of these claims must be brought within 1-3 years. The sooner you act, the better your chances of holding the person who posted your content without your consentaccountable and recovering just compensation.

Minc Law Can Help as Advocates for Revenge Porn Victims in Tennessee

At Minc Law, our experienced attorneys are dedicated to helping victims of revenge porn and online abuse hold the person who shared their content without their consent accountable and reclaim their privacy. We know how devastating it can be to have your intimate images shared without permission, and we’re here to fight for your rights every step of the way.

If you’re a victim of revenge porn in Tennessee, we can help you:

• Identify and preserve crucial evidence
• Evaluate your legal options under both civil and criminal law
• File a police report and cooperate with law enforcement
• Send DMCA takedown notices to remove the images from the internet
• File a civil lawsuit for damages and injunctive relief
• Pursue restraining orders to protect your safety
• Repair your online reputation and control your digital footprint

Our attorneys combine years of experience, cutting-edge technology, and a client-centered approach to achieve the best possible outcomes. We’ll work tirelessly to hold the person who disseminated your intimate images without your consent accountable, remove them from the web, and help you move forward with your life.

Don’t suffer in silence – contact Minc Law today for a confidential case evaluation. We’re here to listen, advise, and advocate for you. Let us use our deep experience to fight for your rights, reputation, and privacy.