Tennessee Criminalizes Internet Dissemination of "Distressing" Images
A new Tennessee law broadens the offense of criminal harassment to include non-targeted electronic transmission of certain types of images via email, social networks or the Internet.

July 16, 2011 /24-7PressRelease/ -- With the Governor's signature in early June, one important amendment to the Tennessee criminal code received final legal approval. House Bill 300/Senate Bill 487 broadens the offense of criminal harassment to include non-targeted electronic transmission of certain types of images. The new Internet crime statute, which went into effect on July 1, also provides law enforcement with access to individuals' online activities from social networks and Internet providers.

The most fundamental change in the harassment law is an expansion of punishable activity from merely communicating with a targeted individual to "transmit[ting] or display[ing] an image in a manner in which there is a reasonable expectation that the image will be viewed by the victim." An individual can be charged with a Class A misdemeanor if they distribute images:
- With malicious intent to cause fright, intimidation or emotional distress to a specific person, or;
- In a manner that the accused person reasonably should know would frighten, intimidate or cause emotional distress;
- And, as a result of the communication, the intended target is frightened, intimidated or emotionally distressed.

Punishment can include jail time and significant fines. Images are defined broadly in the amended statute to include "a visual depiction, video clip or photograph of another person."

Another expansion of the law is the explicit investigatory power to require electronic communications service providers to disclose log files, images or communications that have been sent, posted or displayed on a social network service's web site to any governmental entity responsible for enforcing the harassment law.

Concerns That the Law Goes Too Far in Banning "Distressing" Images

Tennessee's harassment law is intended to punish those who are found guilty of threatening, causing alarm or otherwise harassing others via telephone, text messages, e-mail and other electronic communications. For instance, the statute contains a separate felony crime to discourage individuals convicted of a criminal offense from harassing crime victims via phone or e-mail. Cyberbullying is another behavior that the law is clearly intended to prohibit.

Because the new law expands prohibited activities to include general posting of images on the Internet, some legal commentators are concerned about its chilling effect on free speech, and therefore its constitutionality. In the loosest interpretation, the law could be used to prosecute anyone who had deliberately posted images that cause distress to any Internet user who happens across them. Just as concerning to others are the implications for Internet privacy due to enhanced ability of law enforcement to obtain warrants and court orders to review a person's online history.

Harassment, Computer Crimes and Other Criminal Charges

Individuals prosecuted under the new state law that makes it a crime to transmit "distressing" images over the Internet will likely need to assert an aggressive criminal defense to protect their personal privacy and avoid a criminal record. The amended harassment statute is one more powerful tool for prosecutors that could be used in combination with charges of alleged domestic assault, sex offenses or other criminal proceedings.

Computer and Internet sex crimes, including child pornography possession, solicitation of a minor and child exploitation are an ongoing focus of Tennessee law enforcement and Federal agents. The new provisions that expand access to computer records are a clear indication of the legislature's willingness to favor prosecutors' powers over the rights of citizens against unreasonable search and seizure.

A Tennessee criminal defense lawyer can help a client sort through the circumstances that have led to suspicion of committing a computer-related criminal offense. The evidence in any such case is highly complex, and indications of guilt or suspicious activity are all too often the result of an innocent misunderstanding. By providing aggressive defense from the outset, a computer crimes attorney can explain extenuating circumstances to investigators and work closely with computer forensics experts to identify the source of suspect data.

Every criminal suspect and defendant is entitled to due process and the requirement that the prosecution meet its burden of proof. As computer and Internet laws become more invasive, citizens will often have to fight all the harder to protect the presumption of innocence. Swift and confident action guided by experienced legal counsel can provide access to legal options that lead to much more positive outcomes and less damage to an individual's reputation.

Press Release Contact Information:

Findlaw PR