Legal status of tattooing in the United States: Difference between revisions
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==[[Illinois]]== |
==[[Illinois]]== |
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Per 720 ILCS 5/12-10(a) you must be at least 18 years of age to get a tattoo.<ref>http://tattoojoy.com/tattoo_laws/united_states,illinois,1.htm{{deadlink|date=September 2012}}</ref> |
Per 720 ILCS 5/12-10(a) you must be at least 18 years of age to get a tattoo.<ref>http://tattoojoy.com/tattoo_laws/united_states,illinois,1.htm{{deadlink|date=September 2012}}</ref> |
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i love boooooobies bitches |
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==[[Indiana]]== |
==[[Indiana]]== |
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Revision as of 18:20, 16 October 2012
In the United States, there is no federal law stating a required age to be tattooed. When a person reaches the age of 18 in the U.S., they are legally considered an adult. Many states require that the person being tattooed is an adult over 18, but some states do allow minors (17 or less) to be tattooed with parental consent.
In all jurisdictions, even those having no law dictating a minimum age, individual tattooists may choose to set age restrictions for their business as a precaution against lawsuits. This is partially based on the legal principle that a minor cannot enter into a legal contract or otherwise render informed consent for a procedure. Most such tattooists will allow a parent or guardian to give written or oral consent in person. The artist may also choose to place additional restrictions based on his or her own moral feelings, such as refusing any clients under a specific age even with parental consent, or limiting the type and/or location of where they are willing to tattoo a minor (such as refusing any work around intimate parts of the body). Artists sometimes claim their personal business restrictions are a matter of law even when it is not true, so as to avoid arguments with clients.
The law says that a minor, 14-years-old can be tattooed but must have written parental consent and the parent, legal guardian, or caretaker, must be present during the time the minor is being tattooed.[1]
The law says that no person under the age of 18 can be tattooed.[2]
The law says that the parent or legal guardian must be physically present if the person is a minor (17 or younger).[3]
In the State of Arkansas a minor can be tattooed with written consent and presence of a parent or legal guardian.[4]
According to California Penal Code 653, every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. The Law States: "No piercing of nipples or genitalia, branding, tattooing, or permanent cosmetics for a minor regardless of parental consent."
No minimum age to receive a tattoo or body piercing is established in Colorado's state code or regulations.[5] However as stated above, artists may choose to establish their own internal rules for purposes of liability.
Quoted as is: "No person shall tattoo an unemancipated minor under eighteen years of age without the permission of the parent or guardian of such minor."[6]
Quoted as is "No person shall knowingly or negligently tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent over the age of 18 or legal guardian to the specific act of tattooing, branding or body-piercing. "[7]
In the State of Florida a person may get a tattoo at the age of 18 or older, but otherwise, a parent or guardian must sign consent form regarding the permission of getting the tattoo done.
"It shall be unlawful for any person to tattoo the body of any person under the age of 18, except that a physician or osteopath licensed under Chapter 34 of Title 43, or a technician acting under the direct supervision of such licensed physician or osteopath, and in compliance with Chapter 9 of Title 31 shall be authorized to mark or color the skin of any person under the age of 18 by pricking in coloring matter or by producing scars for medical or cosmetic purposes." [8]
In the State of Hawaii a minor can be tattooed with the written consent of the parents or legal guardian.[9]
Idaho law requires a written consent by a minor's parent or legal guardian prior to tattooing, branding, or body piercing of minors age fourteen (14) to eighteen (18) years of age. [1]
Per 720 ILCS 5/12-10(a) you must be at least 18 years of age to get a tattoo.[10] i love boooooobies bitches
In the State of Indiana a minor can be tattooed but a parent(s) or legal guardian(s) must be present during the time the minor is being tattooed and the parent(s) must provide written permission for the person to receive the tattoo(s).[11]
In the State of Iowa a minor may not be tattooed. They must be 18-years-old or older. No parental consent is allowed.[12]
In the State of Kansas, the law says "No person shall perform body piercing or tattooing on or to any person under 14 years of age without the prior written and notarized consent of the parent or court appointed guardian of such person and the person giving such consent must be present during the body piercing or tattooing procedure."[13]
In the State of Kentucky, the law says "Registrants or operators shall not perform tattooing and body piercing for any of these individuals: On persons under 17 years of age without the presence, consent and proper identification of a parent, legal custodian parent or legal guardian".[14]
In the State of Maine, the law says "No tattooing shall be practiced on the person of any one who is less than 18 years of age, as verified by a driver's license, liquor ID card, military ID card, or other adequate record."[15]
Maryland's health regulations refer to tattooing and piercing as "Skin-Penetrating Body Adornment Procedures" (this excludes piercing of the earlobe). Tattoo artists are required to inform the client of the risks for the tattoo procedure, and must obtain the client's consent in writing. If the client is under the age of 18, their parent or guardian must sign the consent instead. The parlor is then required to keep this consent document for at least 3 years, along with the client's name, the date, a description of the procedure, and the artist's name who performed it.[16]
Per RSA 314-A:8, "Branding and tattooing a person under the age of 18 is prohibited."[17]
New Jersey State Sanitary Code §8:27-2.6(5): "No tattoo or permanent cosmetics shall be applied to any person under 18 years of age, without the presence, written consent, and proper identification of a parent or legal guardian." [18]
It is violation of section 260.21 of New York State Penal Law to tattoo minors under the age of 18, regardless of parental consent.[19] Tattooing a minor is considered "unlawfully dealing with a child in the second degree" and is a class B misdemeanor.[20] A class B misdemeanor in New York is punishable by up to 3 months in jail.[21]
N.C. General Statute 14-400(a) states: "It shall be unlawful for any person or persons to tattoo the arm, limb, or any part of the body of any other person under 18 years of age. Anyone violating the provisions of this section shall be guilty of a Class 2 misdemeanor"[22]
No person may perform any body art procedure upon a person under the age of eighteen years without the presence, written consent, and proper identification of a parent, legal custodial parent, or legal guardian.[23]
Per Ohio Revised Code section 3730.06, a parent, guardian, or custodian must give consent for a tattoo or body piercing procedure to be performed on a minor.[24]
No person under the age of 18 may be tattooed, $5,000 fine to the tattoo artist found tattooing a minor.
Under Title 18 of Pennsylvania Consolidated Statutes, "A person commits an offense if he tattoos any person under the age of 18 years without the parent or guardian of such person giving consent for the tattooing of the person and being present at the time of the tattooing of the person.
A person who commits an offense under this section shall be guilty of a misdemeanor of the third degree for the first offense. A person who commits a second or subsequent offense under this section within one year of the preceding offense commits a misdemeanor of the second degree."[25]
§ 11-9-15 "Tattooing of minors." – "Every person who shall tattoo any minor under the age of eighteen (18) shall be guilty of a misdemeanor and, upon conviction, shall be imprisoned not exceeding one year or be fined not exceeding three hundred dollars ($300). For the purposes of this section, "tattooing" means the practice of marking the skin with indelible patterns or pictures by making punctures and inserting pigments. Nothing in this section shall be construed as prohibiting the removal of tattoo markings from the body of any person of whatsoever age."
A person who for commercial purposes tattoos the skin of any person under 18 years of age commits a Class A misdemeanor.[26]
(a) Except as permitted in subsections (d) and (e) of this section, a client must be a minimum of 18 years of age and shall present at the time of tattooing or body piercing a valid, government issued, positive identification card including, but not limited to, a driver's license, passport, or military identification.
People who perform tattooing and body piercing, as well as the shop they practice in, are required to be licensed by state law. Full licensing requires an apprenticeship of at least 1000 hours within 2 years, under the supervision of a licensed artist who has been in practice for 3 or more years.[27]
A person under 18 cannot receive a tattoo without written consent of their parent or guardian.[27]
In Virginia, a person must be 18 to obtain a tattoo or body piercing, unless it is done in the presence of the minor's parent or guardian, or if it is done by or under the direct supervision of a specialized medical professional.[28]
The law says every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor.[29]
Tattoo artists and establishments where tattoos are performed must be licensed by the state health department, and establishments must be inspected before a licence is issued (statute 252.23). Alternatively, in areas with a population over 5000 people, the state health department can authorize a local health department to do inspections and licensing (statute 252.245).
No one may tattoo children except doctors doing so in the course of their medical practice: "(2) Subject to sub. (3), any person who tattoos or offers to tattoo a child is subject to a Class D forfeiture.". (3) Subsection (2) does not prohibit a physician from tattooing or offering to tattoo a child in the course of professional practice.[30]
References
- ^ "Section 22-17A-2". Code of Alabama. Retrieved 25 October 2011.
- ^ "Sec. 08.13.217". Alaska Statutes. Retrieved 25 October 2011.
- ^ "13-3721". Arizona Revised Statutes. Retrieved 25 October 2011.
- ^ http://tattoojoy.com/tattoo_laws/united_states,arkansas,1.htm[dead link]
- ^ 6 CCR 1010-22 BODY ART ESTABLISHMENTS
- ^ http://tattoojoy.com/tattoo_laws/united_states,connecticut,1.htm[dead link]
- ^ http://tattoojoy.com/tattoo_laws/united_states,delaware,1.htm[dead link]
- ^ LexisNexis® Custom Solution: Georgia Code Research Tool
- ^ http://tattoojoy.com/tattoo_laws/united_states,hawaii,1.htm[dead link]
- ^ http://tattoojoy.com/tattoo_laws/united_states,illinois,1.htm[dead link]
- ^ http://www.in.gov/legislative/ic/code/title35/ar42/ch2.html | Indiana Code 35-42-2-7(e)
- ^ http://tattoojoy.com/tattoo_laws/united_states,iowa,1.htm[dead link]
- ^ http://bodyarttattoo.info
- ^ http://tattoojoy.com/tattoo_laws/united_states,kentucky,1.htm[dead link]
- ^ http://tattoojoy.com/tattoo_laws/united_states,maine,1.htm[dead link]
- ^ "Code Of Maryland Regulations - Communicable Diseases and Related Conditions of Public Health Importance".
- ^ "RSA 314-A:8". New Hampshire Revised Statutes Annotated. Retrieved 26 May 2011.
- ^ "NJSSC §8:27-2.6(5)" (PDF). New Jersey State Sanitary Code. Retrieved 30 June 2011.
- ^ Body Art - Tattooing and Body Piercing
- ^ Section 260.21 of New York State Penal Law - Unlawfully Dealing with a Child in the Second Degree
- ^ Laws of New York
- ^ GS_14-400
- ^ http://www.legis.nd.gov/information/acdata/html/..%5Cpdf%5C33-41-01.pdf
- ^ "ORC 3730.06". Ohio Revised Code. Retrieved 14 June 2011.
- ^ "18 Pa.C.S. § 6311" (PDF). Title 18 of Pennsylvania Consolidated Statutes.
- ^ Tennessee Tattoo Laws
- ^ a b "The Vermont Statutes Online, Chapter 79: TATTOOISTS AND BODY PIERCERS". Retrieved 13 July 2012.
- ^ Code of Virginia § 18.2-371.3. "Tattooing or body piercing of minors."
- ^ RCW 26.28.085: Applying tattoo to a minor — Penalty
- ^ Tattooing of children.