(a) As used in this section:

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 62-38-213

  • Commissioner: means the commissioner of health. See Tennessee Code 62-38-201
  • 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.
  • License: means the issuance of a license to perform tattooing to any individual, partnership, firm or corporation. See Tennessee Code 62-38-201
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Tattoo: means any method of placing designs, letters, figures, symbols, cosmetics or any other marks under the skin of a person with ink or color by the aid of needles or instruments. See Tennessee Code 62-38-201
(1) “Proof of age” means a driver license or other generally accepted means of identification as determined by the commissioner by rule 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; and
(2) “Tattoo paraphernalia” has the same meaning as defined in § 62-38-212(a).
(b) It is an offense to sell or distribute tattoo paraphernalia to a person under eighteen (18) years of age or to purchase tattoo paraphernalia on behalf of a person under eighteen (18) years of age.
(c) A person who is under eighteen (18) years of age shall not purchase or accept receipt of tattoo paraphernalia, or present or offer to a person purported proof of age that is false, fraudulent, or not actually that person’s own for the purpose of purchasing or receiving tattoo paraphernalia.
(d) A violation of subsection (b) is a Class A misdemeanor.
(e) A violation of subsection (c) is a delinquent act, punishable only by a fine not to exceed fifty dollars ($50.00).
(f) Each violation of subsection (b) or (c) is a separate offense.
(g) This section does not preclude law enforcement efforts involving the use of a person under eighteen (18) years of age if the person’s parent or legal guardian has consented to this action.
(h) A person who is under eighteen (18) years of age and 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 (e).
(i) A person engaged in the sale or distribution of tattoo 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 tattoo 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 tattoo paraphernalia to a person under eighteen (18) years of age.
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