Amends TCA Title 39; Title 62, Chapter 38, Part 2 and Title 62, Chapter 38, Part 3.
This bill makes it an offense, punishable as a Class A misdemeanor, to: (1) Sell or distribute tattoo paraphernalia or body piercing paraphernalia to a minor; or (2) Purchase tattoo paraphernalia or body piercing paraphernalia on behalf of a minor. This bill requires a person engaged in the sale or distribution of tattoo or body piercing paraphernalia: (1) To 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 30 years of age; and (2) In the case of distribution by mail: (A) To obtain from the addressee as proof of age an affirmative statement that the person is 18 years of age or older; and (B) To inform the recipient that the person is strictly prohibited from distributing tattoo or body piercing paraphernalia to a person under 18 years of age. This bill also makes it a delinquent act, punishable only by a fine of $50.00 or less, for a minor to: (1) Purchase or accept receipt of tattoo paraphernalia or body piercing paraphernalia; or (2) 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 or body piercing paraphernalia. "Proof of age" is defined in the bill as a driver license or other generally accepted means of identification as determined by the commissioner of health by rule that describes the individual as 18 years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. This bill creates an exception to the delinquent acts above for a minor who cooperates with law enforcement officers in an operation designed to test the compliance of other persons with this bill. However, this bill stipulates that the consent of a minor’s parent or legal guardian is required for law enforcement efforts involving the use of a minor. This bill clarifies that each violation of the above offenses and delinquent acts constitutes a separate offense.
This bill makes it an offense, punishable as a Class A misdemeanor, to: (1) Sell or distribute tattoo paraphernalia or body piercing paraphernalia to a minor; or (2) Purchase tattoo paraphernalia or body piercing paraphernalia on behalf of a minor. This bill requires a person engaged in the sale or distribution of tattoo or body piercing paraphernalia: (1) To 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 30 years of age; and (2) In the case of distribution by mail: (A) To obtain from the addressee as proof of age an affirmative statement that the person is 18 years of age or older; and (B) To inform the recipient that the person is strictly prohibited from distributing tattoo or body piercing paraphernalia to a person under 18 years of age. This bill also makes it a delinquent act, punishable only by a fine of $50.00 or less, for a minor to: (1) Purchase or accept receipt of tattoo paraphernalia or body piercing paraphernalia; or (2) 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 or body piercing paraphernalia. "Proof of age" is defined in the bill as a driver license or other generally accepted means of identification as determined by the commissioner of health by rule that describes the individual as 18 years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. This bill creates an exception to the delinquent acts above for a minor who cooperates with law enforcement officers in an operation designed to test the compliance of other persons with this bill. However, this bill stipulates that the consent of a minor’s parent or legal guardian is required for law enforcement efforts involving the use of a minor. This bill clarifies that each violation of the above offenses and delinquent acts constitutes a separate offense.
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