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TN SB0467

TN SB0467
AN ACT to amend Tennessee Code Annotated, Title 28 and Title 39, relative to civil liability.


summary

Introduced
01/29/2025
In Committee
Crossed Over
Passed
Dead

Introduced Session

114th General Assembly

Bill Summary

As introduced, specifies that a commercial entity that knowingly possesses, promotes, purchases, produces, sells, sends, transports, or distributes obscene matter in violation of state law may be held civilly liable to an individual for nominal damages, actual damages, punitive damages, court costs, and reasonable attorney fees. - Amends TCA Title 28 and Title 39.

AI Summary

This bill creates a new legal mechanism allowing individuals to sue commercial entities for knowingly distributing obscene material under Tennessee law. The bill specifically enables individuals to file civil lawsuits against such entities and potentially seek multiple types of damages, including nominal damages, actual damages, punitive damages, court costs, and reasonable attorney fees. Importantly, these civil actions can be pursued even without a prior criminal conviction and may potentially be certified as class action lawsuits. The bill protects internet and wireless service providers from liability if they are merely providing access or transmission services and are not responsible for creating the obscene content. Additionally, the Attorney General is empowered to seek injunctive relief against commercial entities violating these provisions and can issue guidance to help businesses comply with the law. The bill will take effect immediately upon becoming law, and includes a severability clause ensuring that if any part of the act is found invalid, the remaining provisions can still be enforced.

Committee Categories

Justice

Sponsors (1)

Last Action

Assigned to General Subcommittee of Senate Judiciary Committee (on 03/18/2025)

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