Tennessee § 39-17-907 - Restrictions on showings.

§ 39-17-907. Restrictions on showings.

It is unlawful for any person to exhibit for public consumption, whether or not the exhibition is for compensation, any motion picture, film, movie, or videotape that depicts sexual conduct as defined in § 39-17-901, unless the exhibition is within a theater auditorium or other enclosed area that effectively removes the exhibition from the view of members of the public who are not voluntarily engaged in viewing the motion picture, film, movie, or videotape. No minor under eighteen (18) years of age may be admitted to a movie theatre if the movie has been found to be “harmful to minors” pursuant to § 39-17-901. It is a deceptive practice under title 47, chapter 18, part 1, to advertise or promote a motion picture as having a rating other than the rating that has been assigned to it. A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 2013, ch. 459, § 1. Sentencing Commission Comments. Under prior law, theaters were obligated to comply with this provision but there was no criminal penalty specified by statute. This section creates such a penalty. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Display for sale or rental of material harmful to minors, § 39-17-914 . Penalty for Class A misdemeanor, § 40-35-111 . Registration of adult-oriented establishments, title 7, ch. 51, part 11. Sale, loan or exhibition of material to minors, § 39-17-911 . Law Reviews. Film Is a Four Letter Word (Richard A. Lord), 5 Mem. St. U.L. Rev. 41 (1975). Attorney General Opinions. Constitutionality of criminal statute regarding admission of minors to movies. OAG 13-93, 2013 Tenn. AG LEXIS 96 (11/25/13). The provisions of T.C.A. § 39-17-907(b) , prior to its amendment by Acts 2013, ch. 459, are unconstitutional on First Amendment grounds. The provisions of T.C.A. § 39-17-907(b) as amended by Acts 2013, Chapter 459 are facially constitutionally defensible. OAG 13-101, 2013 Tenn. AG LEXIS 106 (12/6/13).