(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 62-38-306

  • 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 procedure: means the service performed or the procedure utilized for body piercing. See Tennessee Code 62-38-301
  • Business: means any entity that provides body piercing services or procedures for compensation. 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.
  • operator: means a person who controls, operates, conducts or manages a body piercing establishment, whether or not the operator is actually engaging in body piercing. See Tennessee Code 62-38-301
  • Patron: means a person requesting and receiving body piercing services. See Tennessee Code 62-38-301
  • 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
(1) Unless consent has been given in accordance with § 62-38-305, no individual who is under age eighteen (18) shall obtain or attempt to obtain a body piercing procedure.
(2) No individual shall knowingly show or give false information concerning the individual’s name, age or emancipation.
(b)

(1) No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(2) No individual shall impersonate the parent, legal guardian or legal custodian of an individual who is under age eighteen (18) for the purpose of obtaining for the individual under age eighteen (18) a body piercing procedure.
(3) The operator shall require proof of age for any patron under the age of twenty-seven (27) and the operator shall retain a copy of the patron’s proof of age documentation in the files of the business for a period of two (2) years from the time of the body piercing.
(c) It is a Class C misdemeanor for a violation of subdivision (b)(2) by an individual over the age of seventeen (17) who impersonates a parent, legal guardian or legal custodian.
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