Text of TN HB 1151 (2019)
As enacted, redefines "public place" for purposes of the offense of indecent exposure; includes a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. - Amends TCA Title 39 and Title 40.
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As introduced
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<BillNo> <Sponsor>
HOUSE BILL 1151
By Ragan
AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to indecent exposure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-511(a)(1)(A), is amended by
deleting the subdivision and substituting instead the following:
(A)
(i) In a public place, as defined in § 39-11-106, or on the private premises
of another, or so near thereto as to be seen from the private premises:
(a) Intentionally:
(1) Exposes the person's genitals or buttocks to another;
or
(2) Engages in sexual contact or sexual penetration as
defined in § 39-13-501; and
(b) Reasonably expects that the acts will be viewed by another
and the acts:
(1) Will offend an ordinary viewer; or
(2) Are for the purpose of sexual arousal and gratification
of the defendant; or
(ii) In a restroom, locker room, dressing room, or shower, any of which
are designated for single-sex, multi-person use, and the person is a member of
the opposite sex than the sex designated for use:
(a) Intentionally:
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(1) Exposes the person's genitals or buttocks to another;
or
(2) Engages in sexual contact or sexual penetration as
defined in § 39-13-501; and
(b) Reasonably expects that the acts will be viewed by another
and the acts:
(1) Will offend an ordinary viewer; or
(2) Are for the purpose of sexual arousal and gratification
of the defendant;
SECTION 2. Tennessee Code Annotated, Section 39-13-511, is amended by adding
the following language as a new subsection:
(e) A medical, psychiatric, or psychological diagnosis of gender dysphoria,
gender confusion, or similar conditions, in the absence of untreated mental conditions,
such as schizophrenia, does not serve as a defense to the offense of indecent exposure.
SECTION 3. This act shall take effect July 1, 2019, the public welfare requiring it.
As enrolled or final
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PUBLIC CHAPTER NO.251
HOUSE BILL NO. 1151
By Representatives Ragan, Griffey, Sherrell, Powers, Rudd, Holt
Substituted for: Senate Bill No. 1297
By Senators Pody, Rose
AN ACT to amend Tennessee Code Annotated, Title 39 and Title 40, relative to indecent
exposure.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE
SECTION 1. Tennessee Code Annotated, Section 39-13-511, is amended by adding the
following as a new subsection:
( ) As used in this section, "public place" means a place to which the public or a
group of persons has access and includes, but is not limited to, highways, transportation
facilities, schools, places of amusement, parks, places of business, playgrounds and
hallways, lobbies, and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence, and a restroom, locker room,
dressing room, or shower, designated for multi-person, single-sex use. An act is deemed
to occur in a public place if it produces its offensive or proscribed consequences in a
public place;
SECTION 2. Tennessee Code Annotated, Section 39-13-511(a)(1)(A), is amended by
deleting the language "ln a public place, as defined in $ 39-11-106," and substituting instead the
language "ln a public place".
SECTION 3. This act shall take effect July 1 ,2019, the public welfare requiring it.
PASSED: April 30. 2019
HOUSE BILL NO. 1151
day of
*r
J4
GLEN CASADA, SPEAKER
HOUSE OF REPRESENTATIVES
RANDY
OF THE
TE
2019
APPROVED this
3
BILL LEE, GOVERNOR