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A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph:
Depicts the minor in a state of nudity; and
Was taken for the purpose of sexual arousal or gratification of the defendant.
As used in this section:
“Nudity” has the meaning given in § 39-17-901; and
“Photograph” has the meaning given in § 39-13-605.
A violation of subsection (a) is a Class C felony.
Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.