TCA 39-15-410
Identification containing proof of age
MISDEMEANOR CClass C Misdemeanor
Sentence enhancement may apply
What does this charge mean?
It is illegal for a person selling smoking paraphernalia to fail to ask for an ID proving age before selling to someone they believe or suspect might be under 18 years old. A person who sells smoking items without checking ID faces up to 30 days in jail and a $50 fine. If a minor uses a fake ID or someone else's ID to buy smoking paraphernalia, they face juvenile court proceedings, but if the minor is 18 or older, it becomes a Class C misdemeanor with the same penalties.
Penalty Details
ClassificationClass C Misdemeanor
Maximum Jail30 days
Maximum Fine$50
Penalty SummaryClass C misdemeanor; 30 days; fine up to $50
(a) A person contemplating the dissemination of smoking paraphernalia to an individual whom the person believes or has reason to believe may be a minor shall demand identification containing proof of age from the individual. Failure to do so is a Class C misdemeanor. (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106Person: 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(b) A minor who presents identification pursuant to subsection (a) other than the minor’s own, or that does not contain the individual’s correct age or date of birth, is subject to juvenile court proceedings; provided, that a violation of this subsection (b) by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
MISDEMEANOR C
TCA Section39-15-410
Max Jail30 days
Max Fine$50