(a) A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph:(1) Depicts the minor in a state of nudity; and(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(1) Depicts the minor in a state of nudity; and
(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(b) As used in this section:(1) “Nudity” has the meaning given in § 39-17-901; and(2) “Photograph” has the meaning given in § 39-13-605.
(1) “Nudity” has the meaning given in § 39-17-901; and
(2) “Photograph” has the meaning given in § 39-13-605.
(c) A violation of subsection (a) is a Class C felony.
(d) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.