TCA 39-13-904
Possession or distribution and use of unlawfully captured images – Misdemeanor offenses – Separate images constitute separate offenses – Defenses
MISDEMEANOR CClass C Misdemeanor
Sentence enhancement may apply
What does this charge mean?
It is illegal to possess an unlawfully captured drone image (Class C misdemeanor: up to 30 days jail and/or $50 fine) or to share, display, distribute, or use an unlawfully captured image (Class B misdemeanor: up to 6 months jail and/or $500 fine). Each separate image you possess or distribute counts as a separate offense. However, you have a defense if you destroyed the image immediately upon learning it was captured illegally, or if you stopped sharing it immediately upon learning it was captured illegally.
Penalty Details
ClassificationClass C Misdemeanor
Maximum Jail30 days
Maximum Fine$50
Penalty SummaryClass C misdemeanor; 30 days; fine up to $50
Enhancement NotesMultiple classifications: Class C misdemeanor, Class B misdemeanor
(a) A person commits an offense if the person: (1) Captures an image in violation of § 39-13-903; and (2) (A) Possesses that image; or (B) Discloses, displays, distributes, or otherwise uses that image. (b) (1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor. (2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor. (c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense. (d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903. (e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
MISDEMEANOR C
TCA Section39-13-904
Max Jail30 days
Max Fine$50