TENNESSEE

39-13-511. Public indecency - Indecent exposure.

 (a) (1) (A) A person commits the offense of public indecency who, in a public place, as defined in subdivision (a)(2)(B), knowingly or intentionally:

(i) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;

(ii) Appears in a state of nudity; or

(iii) Fondles the genitals of such person, or another person.

(B) A person does not violate this subdivision (a)(1) if such person makes intentional and reasonable attempts to conceal such person from public view while performing an excretory function, and such person performs such function in an unincorporated area of the state.

(2) As used in subdivision (a)(1):

(A) "Nudity" or "state of nudity" means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. "Nudity" or "state of nudity" does not include a mother in the act of nursing the mother's baby; and

(B) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public places" includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. "Public places" does not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by the state of Tennessee, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. "Public place" does not include a private facility which has been formed as a family-oriented clothing optional facility, properly licensed by the state.

(3) Public indecency is punishable as follows:

(A) A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500); and

(B) A third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both.

(4) (A) If a person is arrested for public indecency while working as an employee or a contractor, the employer or principal may be held liable for a fine imposed by this subsection.

(B) The employer may not be held liable under this section unless it is shown the employer knew or should have known the acts of the employee or contractor were in violation of this statute.

(5) The provisions of this subsection do not apply to any theatrical production which contains nudity as defined by this section performed in a theater by a professional or amateur theatrical or musical company which has serious artistic merit; provided, that such production is not in violation of chapter 17, part 9 of this title.

(6) This subsection shall not affect in any fashion the ability of local jurisdictions or the state of Tennessee to regulate any activity where alcoholic beverages, including malt beverages, are sold for consumption.

(b) (1) A person commits the offense of indecent exposure who:

(A) In a public place, as defined in § 39-11-106, or on the private premises of another, or so near thereto as to be seen from such private premises:

(i) Intentionally:

(a) Exposes such person's genitals or buttocks to another; or

(b) Engages in sexual contact or sexual penetration as defined in § 39-13- 501; and

(ii) Reasonably expects that the acts will be viewed by another and such acts:

(a) Will offend an ordinary viewer; or

(b) Are for the purpose of sexual arousal and gratification of the defendant; or

(B) Knowingly invites, entices or fraudulently induces the child of another into such person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of such child:

(i) Exposure of such person's genitals, buttocks or female breasts; or

(ii) Masturbation.
For the provisions of this subdivision (b)(1)(B) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.

(2) "Indecent exposure," as defined in subdivision (b)(1), is a Class B misdemeanor, unless the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, in which event indecent exposure is a Class A misdemeanor. Additionally, "indecent exposure," as defined in subdivision (b)(1), is a Class E felony when the defendant is eighteen (18) years of age or older, the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section.

  [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1.]
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NAC NOTE: Here is the definition of public place associated with the offense of "Indecent Exposure" from § 39-11-106 of the Tennessee Code:

 (29) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place;

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Tennessee Code : TITLE 36 DOMESTIC RELATIONS : CHAPTER 6 CHILD CUSTODY AND VISITATION :
PART 3 VISITATION :
36-6-304. Exposure of child to nudist colony prohibited.

No person who has been granted visitation rights to a child shall, during the child's minority, expose the child to any facility organized or operated as a nudist colony without the consent of the custodial parent. Any court of competent jurisdiction shall have the ability to enforce these provisions and enjoin violations of this section through the full extent of the court's civil and criminal contempt powers.
 
 [Acts 1996, ch. 900, § 1.]

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Tennessee Code Annotated
Title 40. Criminal Procedure
Chapter 39. Sexual Offender Registration and Monitoring
Part 2. Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004

Section 40-39-202 [excerpts]

(2) ...A "conviction" includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, in any other state of the United States, other jurisdiction, or other country. A conviction, whether upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, for an offense committed in another jurisdiction that would be classified as a sexual offense under subdivision (20) or a violent sexual offense under subdivision (28), if committed in this state, shall be considered a conviction for the purposes of this part. Convictions, for the purposes of this part, also include a plea taken in conjunction with 40-35-313, or its equivalent in any other jurisdiction.

. . .

(20) "Sexual offense" means:

(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:
. . .
             (viii) Indecent exposure, under 39-13-511, upon a third or subsequent conviction;
             ...
             (xi) Attempt, under 39-12-101, to commit any of the offenses enumerated in this
                   subdivision (20)(A);
             (xii) Solicitation, under 39-12-102, to commit any of the offenses enumerated in
                   this subdivision (20)(A);
             (xiii) Conspiracy, under  39-12-103, to commit any of the offenses enumerated in
                     this subdivision (20)(A);
             (xiv) Criminal responsibility, under  39-11-402 (2), to commit any of the offenses
                     enumerated in this subdivision (20)(A);
             (xv) Facilitating the commission, under 39-11-403, to commit any of the offenses
                     enumerated in this subdivision (20)(A);
             (xvi) Being an accessory after the fact, under  39-11-411, to commit any of the
                     offenses enumerated in this subdivision (20)(A);

[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, §§ 6-9; 2007, ch. 262, §§ 1, 2; 2007, ch. 465, §§ 1, 4; 2007, ch. 594, § 6.]