Thursday, December 15, 2011

Are your Facebook Pictures a Crime?

Tennessee has, as of this year, updated its laws on harassment to include images that may cause emotional distress that are transmitted in a a manner so as a victim may reasonably be believed to see the images.  Images believed to cause emotional distress are not defined.  Does this mean that images of Jesus, Muhammad, images of fallen soldiers, or other topical matters that could cause emotional distress are now a crime to post in Tennessee? The statute T.C.A 39-17-308 that defines Harassment makes transmission of such images a Class A misdemeanor, which is punishable up to 11 months and 29 days in jail.  Since this update to the law is still relatively new, I have no doubt that the Constitutionality of the of the language of the statute will be challenged.  However, until the law is changed you would be wise to be careful what you post online or else you may be the Defendant challenging the law.  If you find yourself facing a crime from your online activities or other criminal matters in Sevier, Jefferson, Cocke, Blount or Knox Counties, the Law Offices of Andrew E. Farmer is here to fight for you.

No comments: