Once again Tennessee is in the news.
So, in theory anyone who sees the image is a potential victim. There is a new law in Tennessee and it is raising some eyebrows. Fines are $2,500 or nearly a year in jail. This law also allows the government to obtain personal communication on social networking sites.
Crime to Post Images That Cause “Emotional Distress” “Without Legitimate Purpose”Eugene Volokh • June 6, 2011 2:37 pm
Friday, a new Tennessee law was changed to provide (new material italicized):
(a) A person commits an offense who intentionally:
(4) Communicates with another person or transmits or displays an image in a manner in which there is a reasonable expectation that the image will be viewed by the victim by [by telephone, in writing or by electronic communication] without legitimate purpose:
(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or
(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and
(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.