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[TN] Senate Bill 3794 - Creates Class A misdemeanor offenses of distributing unlawful sexual devices and wholesale distributing of unlawful sexual devices.
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| Contributor | Servo |
| Last Edited | Servo Mar 06, 2006 08:22pm |
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| Category | Proposed Legislation |
| News Date | Tuesday, March 7, 2006 02:00:00 AM UTC0:0 |
| Description | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 9, is amended by adding the following new section:
ยง39-17-921.
(a) A person commits the offense of distributing unlawful sexual devices when the person knowingly sells, advertises, publishes or exhibits to another person any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs, or offers to do so, or possesses such devices with the intent to do so.
(b) A person commits the offense of wholesale distributing unlawful sexual devices when the person distributes for the purpose of resale any three-dimensional device designed or marketed as useful primarily for the stimulation of human genital organs, or offers to do so, or possesses such devices with the intent to do so.
(c) This section shall not apply when the distribution or wholesale distribution of the device was made by: (1) A person, corporation, company, partnership, firm, association, business, establishment or other legal entity to a person associated with an institution of higher learning, either as a member of the faculty or as a matriculated student, teaching or pursuing a course of study related to such device; (2) A licensed physician or a licensed psychologist to a person whose receipt of such device was authorized in writing by such physician or psychologist in the course of medical or psychological treatment or care; or (3) A person who while acting in his capacity as an employee is employed on a full-time or part-time basis by: (A) Any recognized historical society or museum accorded charitable status by the federal government; (B) Any state, county or municipal public library; or (C) Any library of any public or private school, college or university in this state.
(d) Any exemption from prosecution claimed under the provisions of this section may be raised at a pretrial hearing by motion, and th |
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