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In Tennessee is it a crime to "view" child porn?
Optional Information: Country relating to Question: United States State (if USA): Indiana
Thank you for your question. I appreciate your patience while I researched and typed out your answer.
Yes it is. Under Tennessee Code Section 39-17-1002 (Definitions) "Material" is defnied in part as:
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;
Section 39-1003 then provides in part:
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
So. unlike the recent ruling out of New York, you don't even have to download the image or store it on your computer to be charged.
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If you suspect someone viewing child porn how does one get the authorities to act on it? (In the state of Tennessee)
All you can do is contact the local authorities and report your suspicions. I'm sure they'll want to know why you suspect this individual of looking at child pornography, so be prepared to tell them your reasons - you've found it on the shared desktop, you've come across the websites in their internet history, they've accidentally left it up on the screen for people to see, etc. The authorities will take a report and then it's up to them to investigate.
Experience: Experienced in multiple areas of the law.
Is there a statute of limitations on this Tennessee law? In other words, if it can be proven that a person was viewing child porn back in 2007, can that person be prosecuted?
There is a statute of limitatons. Viewing child pornography is a Class D felony, unless there are 50 or more images viewed, in which case, it can be bumped up to a Class C. However, a Class C or D felony charge must be brought within 4 years of the date of the offense - that is, the date the person last viewed the material.If this was last in 2007 that you are aware of, the person could not be prosecuted for this, as the statute has run.