(a) It is an offense to sell or distribute body piercing paraphernalia to a minor or to purchase body piercing paraphernalia on behalf of a minor.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 62-38-311

  • Body piercing: includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun. See Tennessee Code 62-38-301
  • Body piercing paraphernalia: means equipment, needles, body ornaments, or other instruments used or intended for use in piercing a part of the body for nonmedical purposes. See Tennessee Code 62-38-301
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means an individual under the age of eighteen (18). See Tennessee Code 62-38-301
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Proof of age: means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual and appears on its face to be valid. See Tennessee Code 62-38-301
(b) A minor shall not purchase or accept receipt of body piercing paraphernalia, or present or offer to a person any purported proof of age that is false, fraudulent, or not actually that person’s own for the purpose of purchasing or receiving body piercing paraphernalia.
(c) A violation of subsection (a) is a Class A misdemeanor.
(d) A violation of subsection (b) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).
(e) Each violation of subsection (a) or (b) is a separate offense.
(f) This section does not preclude law enforcement efforts involving the use of a minor if the minor’s parent or legal guardian has consented to this action.
(g) A minor who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this section is not subject to sanctions under subsection (d).
(h) A person engaged in the sale or distribution of body piercing paraphernalia shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of the body piercing paraphernalia shall obtain from the addressee as proof of age an affirmative statement that the person is eighteen (18) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing body piercing paraphernalia to a person under eighteen (18) years of age.
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