(a) As used in this section, unless the context otherwise requires:

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 39-17-918

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • 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
(1) “Compensation” means payment, loan, advance, contribution, deposit, or gift of money or anything of value;
(2) “Erogenous area” means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast;
(3) “Massage” means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and
(4) “Masseur” or “masseuse” means a person engaged in the activities set forth in subdivision (a)(3).
(b) It is unlawful for a masseur or masseuse to expose the masseur’s or masseuse’s erogenous area for compensation or to touch with any part of the masseur’s or masseuse’s body, or fondle in any manner or massage an erogenous area for compensation. This section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner’s certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license.
(c) A violation of this section is a Class A misdemeanor.
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