Unlawful exposure

(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if: (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and (2) The person depicted in the image suffers emotional distress. (b) As used in this section: (1) “Emotional distress” has the same meaning as defined in § 39-17-315; (2) “Identifiable person” means a person who is identifiable from the image itself or from information transmitted in connection with the image; (3) “Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and (4) “Sexually explicit conduct” has the same meaning as defined in § 39-13-301. (c) Nothing in this section precludes punishment under any other section of law providing for greater punishment. (d) A violation of subsection (a) is a Class A misdemeanor.