(a)

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Terms Used In Tennessee Code 39-15-413

  • 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.
  • Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Statute: A law passed by a legislature.
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) It is not a violation of § 39-15-404, § 39-15-410, §§ 39-17-401 – 39-17-427, § 39-17-602, § 39-17-603, §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, §§ 39-17-1003 – 39-17-1005, §§ 39-17-1501 – 39-17-1508, or any other offense providing a prohibition for use of or sales to a minor or person under twenty-one (21) years of age, for a law enforcement officer to use or send a person under twenty-one (21) years of age to purchase smoking material, smoking paraphernalia, any smokeless tobacco product, alcohol, or illegal drugs, or to send a minor to purchase a state lottery ticket or share or any other prohibited material, for the purpose of aiding in the enforcement of laws prohibiting sales to or use of minors or persons under twenty-one (21) years of age so long as the law enforcement officer has obtained the prior written approval of the minor’s parent or legal guardian or the person under twenty-one (21) years of age if that person is not a minor.
(2) It is not a violation of § 39-15-404, § 39-15-410, or §§ 39-17-1501 – 39-17-1508, or any other statute prohibiting the use, possession or sales of alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia to a minor or a person under twenty-one (21) years of age, for a merchant in the business of selling alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia, to use or send a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, to purchase any such product for the purpose of aiding in the enforcement of laws and policies prohibiting sales by the merchant at the merchant’s place of business and preventing sales of such products to or use by individuals under age from occurring.
(b) Prior to using a minor to perform illegal or delinquent acts for the purposes of aiding in the enforcement of the laws of this state as permitted by this section, the law enforcement officer or merchant shall obtain the written approval of the minor’s parent or legal guardian; provided, however, that the consent of the minor’s parent or legal guardian shall not be required if the person used to make any such purchase is eighteen (18) years of age or older.
(c) In order to use a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, for any of the purposes permitted by this section, the requirements of this subsection (c) shall apply.

(1) The minor or person under twenty-one (21) years of age shall not:

(A) Purposely disguise the person’s appearance so as to misrepresent the person’s actual age; and
(B) Make statements designed to trick, mislead, encourage or confuse the employee.
(2) The minor or person under twenty-one (21) years of age shall:

(A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person’s appearance during the time of the permitted use of the person;
(B) Except only for those questions relating to the person’s employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person’s age; and
(C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person’s actual date of birth.
(d) No prosecution for the violation of any statute prohibiting the sale of beer for off-premises consumption to a person under twenty-one (21) years of age shall be commenced, if the prosecution is based upon the use of a person under twenty-one (21) years of age, as authorized by this section, unless the person or the law enforcement officer supervising the person obtains the name of the permit holder and the employee of the permit holder from whom the beer was purchased or attempted to be purchased. All “stings” shall be conducted in accordance to state law in order to be valid. In addition, within ten (10) days of the date the action occurred, the law enforcement officer shall notify the permit holder in writing, either by mail or hand delivery, indicating:

(1) That an action recently occurred in which a person under twenty-one (21) years of age was used to purchase or attempt to purchase beer for off-premises consumption;
(2) The date and location of the action;
(3) The name of the permit holder and the employee from whom the beer was purchased or attempted to be purchased; and
(4) Whether the person was successful in making the purchase.
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