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HB 769

Criminal Offenses - As enacted, creates a criminal offense of possessing, distributing, or producing technology, software, or digital tools designed for the purpose of creating material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive; establishes relevant factors to be considered in determining whether artificial technology, software, or digital tools are used or possessed with intent to create material that includes a minor engaged in sexual activity or simulated sexual activity that is patently offensive. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Mary Littleton

Tennessee criminalizes possessing or distributing technology designed to create synthetic child sexual abuse material, establishing intent factors for prosecution.

Comp. became Pub. Ch. 257
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Bill Summary · HB 769

Legislative bill overview

HB 769 creates a new criminal offense in Tennessee for possessing, distributing, or producing technology or software specifically designed to create child sexual abuse material (CSAM), including synthetic or AI-generated images depicting minors in sexual activity. The law establishes factors courts should consider when determining whether digital tools were possessed or used with intent to create such material.

Why is this important

As AI and image-generation technology become more accessible, this law addresses an emerging threat: the creation of realistic synthetic CSAM that doesn't involve actual child victimization but fuels demand for child exploitation and normalizes such content. The bill became law in April 2025, adding Tennessee to a growing number of states criminalizing possession of tools specifically designed for this purpose.

Potential points of contention

  • First Amendment concerns: Critics may argue that criminalizing possession of software tools (rather than just the images themselves) could ensnare legitimate technology developers or create chilling effects on open-source software communities
  • Definitional ambiguity: The phrase "designed for the purpose of" creating CSAM could be interpreted broadly or narrowly—determining whether a general-purpose AI tool "designed for" this specific purpose requires subjective judicial judgment
  • Sentencing severity: The bill doesn't specify penalties, potentially leaving courts wide latitude; unclear whether this will be a felony and what prison time applies

Compiled from official sources — confirm details with the bill’s official record.

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