Legal status of tattooing in the United States

In the United States, there is no federal law stating a required age to be tattooed. In most states, when a person reaches the age of 21 In the U.S., they are legally considered an adult. Many states require that the person being tattooed is an adult, but some states do allow minors (16 or less) to be tattooed with parental consent. 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.

In all jurisdictions, even those having no law dictating a minimum age, individual tattooists may choose to set age restrictions for their business. 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 (i.e. tattooing the hands or face is frequently said to be illegal, even though no U.S. state currently has such a ban), so as to avoid arguments with clients.

Alabama

The law says that a minor 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]

Alaska

The law says that no person under the age of 18 can be tattooed.[2]

Arizona

The law says that the parent or legal guardian must be physically present if the person is a minor (under 18).[3]

Arkansas

In the State of Arkansas it is legal for a person 16 years or older to get a tattoo, however, a parent or guardian must sign for the child and be present during the procedure. Also, the parent and the child must have photo identification, plus, a birth certificate and/or a legal document that proves that the parent or legal guardian is currently in custody of the child. Anyone 18 years or older can purchase a tattoo as long as they have a valid drivers license or state I.D. [4]

It is illegal in Arkansas to perform a tattoo procedure without a certificate from the health department, blood borne pathogens training course certificate, and also while not in a licensed body art establishment. Persons who do not obey this law will be charged with a class A misdemeanor for each piece of equipment owned "tubes, needles, machines, etc.", and a class D felony for tattooing in an unlicensed body art establishment and/or not having proper artist certification. [5]

It is a class A misdemeanor for anyone to tattoo a minor without parental consent, and it is a class D felony to falsely claim to be the minor's parent or legal guardian. [6]

California

According to California Penal Code 653, a person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. [7] The Safe Body Art Act also states, "A client shall be at least 18 years of age to be offered or to receive a branding, regardless of parental consent." [8]

Colorado

Under 18 years of age requires parental consent for body art.[9]

Connecticut

Any person 18 years of age or younger are prohibited from getting a tattoo, without parent's consent.

Penalties: It is a Class C Misdemeanor (up to 6 months in prison and a fine) for giving any person 18 years of age or younger a tattoo without written consent of parent or legal guardian. One can be fined $750.00

Delaware

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. "[10]

Florida

Minors under 16 years of age can be tattooed for medical or dental purposes by licensed medical or dental practitioners. A written consent from a guardian is required to tattoo a person between 16 and 18 years of age and a notary stamp is also required for minors age 16 to 18.[11]

Georgia

"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." [12]

Hawaii

In the State of Hawaii a minor can be tattooed with the written consent of the parents or legal guardian.[13]

Idaho

Idaho law states: "No person shall knowingly tattoo, brand or perform body piercing on any minor under the age of fourteen (14) years. No person shall knowingly tattoo, brand or perform body piercing on a minor between the ages of fourteen (14) and eighteen (18) years unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing on the minor, or in the presence of an employee or agent of such person. A person who violates this section is guilty of a misdemeanor" [14]

Illinois

Persons under 18 may not be tattooed at all, regardless of parental permission, except by licensed medical practitioners. Furthermore, it is illegal for the owner or employee of a tattoo parlor to permit a minor to enter or remain on the premises unless they are with a parent or guardian. Violating this law is considered a Class A misdemeanor and is classified as a type of child abuse. The law contains exceptions for tattooing performed by other minors, as well as tattoo removal procedures for victims of human trafficking or gang members (though licensed medical practitioners may remove any tattoo).[15]

Indiana

In the State of Indiana a minor can be tattooed but a parent(s) or legal guardian(s) must be present. 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).[16]

Iowa

In the State of Iowa a minor may not be tattooed. They must be 18-years-old or older. No parental consent is allowed.[17]

Kansas

In the State of Kansas, the law says "No person shall perform body piercing, cosmetic tattooing or tattooing on or to any person under 18 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, cosmetic tattooing or tattooing procedure."[18]

Kentucky

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 18 years of age without the presence, consent and proper identification of a parent, legal custodian parent or legal guardian for persons 13-18 years of age. ".[19]

Louisiana

It is unlawful for anyone to tattoo or pierce a minor under age 18 without the consent of the minor's parent or legal custodian, who must accompany them to the procedure. Upon conviction, violators shall be fined between $100 and $500 or imprisoned between 30 and 100 days.

Maine

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."[20]

Maryland

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.[21]

Massachusetts

All body art procedures, which includes tattooing, piercing, branding and scarification, are regulated by the state health board. Salons and individual artists must obtain a permit to practice any kind of body art, and must abide by a set of regulations with regards to sanitation and safety of equipment. Clients for any body art must sign a standardized informed consent document provided by the health board, which outlines the risks of such body art as well as providing guidance for after care and how to file a complaint. Tattooing, branding, scarification and piercings of the genitalia are completely banned for anyone under 18, even with parental consent. Piercing of areas other than the genitalia are allowed if the parent appears in person, presents proper identification and signs a consent document.[22]

Tattooing was completely banned in Massachusetts from 1962 to 2000. This ban was prompted by a series of hepatitis outbreaks and other concerns about unsanitary practices in salons. During this time, many residents simply traveled out of state to get tattooed. This ban was declared unconstitutional in 2000.[23] As a result of the ban, many tattoo parlors and shops opened for business along the state line in neighboring states, especially in northern suburbs of Providence, Rhode Island. Most of these shops are still in business.

Michigan

Michigan law (MCL 333.13102) prohibits tattooing anyone under the age of 18 without written consent of a parent or guardian, who must also provide proof of guardianship.[24]

Minnesota

Minnesota requires that you be 18 or older in order to receive a tattoo.[25]

Mississippi

Tattooing is regulated by the State Department of Health. Tattooing of persons under 18 years of age is prohibited.[26]

Missouri

Tattooing of a person under 18 requires the consent of a parent or guardian.[27]

Montana

Montana law prohibits tattooing or body piercing "on a child under the age of majority without the explicit in-person consent of the child's parent or guardian." [28]

Nevada

Section 7 of Nevada Body Art Law states:

7.1 Patron age requirements and other age restrictions

7.1.1 No persons under the age of eighteen (18) shall be permitted to loiter in the tattoo area of the establishment, whether or not they are the children or wards of the Health Permit holder, responsible person, or any of the employees, operators, visiting artists, or patrons of the tattoo establishment.

7.1.2 Persons under the age of fourteen (14) shall not be permitted to enter the facility or have a tattoo applied in the tattoo establishment. Patrons between the ages of fourteen (14) and eighteen (18) are permitted in the tattoo area when receiving services in the presence of their legal parent or guardian or when they are legally emancipated by a court of competent jurisdiction and can provide documentation to that fact.

7.1.3 The tattoo establishment may set its own age restrictions regarding the presence of minors that are more stringent than those cited in these Regulations.

7.1.4 No person shall perform any tattoo procedure whatsoever upon a person under the age of fourteen (14) years, unless under the supervision of a medical professional. Tattoo procedures performed upon a person under the age of eighteen (18) years require the written consent and proper identification of a parent or guardian unless the person has been emancipated by a court of competent jurisdiction and can provide legal documentation stating this fact. Any tattoos performed on a minor must be done in the presence of a parent or guardian.[29]

New Hampshire

Per RSA 314-A:8, "Branding and tattooing a person under the age of 18 is prohibited."[30]

New Jersey

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." [31]

New York

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.[32] Tattooing a minor is considered "unlawfully dealing with a child in the second degree" and is a class B misdemeanor.[33] A class B misdemeanor in New York is punishable by up to 3 months in jail.[34]

North Carolina

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"[35]

North Dakota

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.[36]

Ohio

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.[37]

Oklahoma

Minors are not allowed to get tattoos.

Oregon

A minor is not able to get a tattoo, even with parental/legal guardian consent.[38]

Pennsylvania

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."[39]

Rhode Island

§ 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."

South Dakota

Under chapter 26-10-19 of South Dakota’s Codified Laws tattooing a minor without parental consent is a misdemeanor. A signed consent form is required.[40]

Tennessee

It is illegal in the state of Tennessee to tattoo the skin of any person under eighteen (18) years of age. (TCA 39-15-403. Title 39: Criminal Offenses, Chapter 15: Offenses Against the Family, Part 4: Children, Tattooing of minors.)

Texas

In Texas, a minor may only be tattooed with the consent of a parent or guardian. For the purposes of this law, a minor is defined as a person under the age of 18 who is not married and has not been declared emancipated.[41]

Utah

In Utah, a minor may only be tattooed with the consent of a parent or guardian. For the purposes of this law, a minor is defined as a person under the age of 18 who is not married and has not been declared emancipated.[42]

Vermont

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.[43]

A person under 18 cannot receive a tattoo without written consent of their parent or guardian.[43]

Virginia

Prohibits anyone from tattooing or performing body piercing on a person under age 18, knowing or having reason to believe that the person is under 18 except in the presence of the person's parent or guardian or when done by or under the supervision of a medical doctor, registered nurse, or other medical services personnel in the performance of their duties. Excludes ear piercing as a form of body piercing. Violators are guilty of a Class 1 misdemeanor.

Washington

The law says every person who applies a tattoo to any minor under the age of eighteen is guilty of a misdemeanor.[44]

Wisconsin

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.[45]

No one under the age of 18 may be tattooed, regardless of parental consent.

Wyoming

It is illegal to tattoo a minor without the consent and presence of a parent or guardian.[46]

References

  1. ↑ "Section 22-17A-2". Code of Alabama. Retrieved 25 October 2011.
  2. ↑ "Sec. 08.13.217". Alaska Statutes. Retrieved 25 October 2011.
  3. ↑ "13-3721". Arizona Revised Statutes. Retrieved 25 October 2011.
  4. ↑ ftp://www.arkleg.state.ar.us/Bills/2013/Public/SB388.pdf
  5. ↑ ftp://www.arkleg.state.ar.us/Bills/2013/Public/SB388.pdf
  6. ↑ ftp://www.arkleg.state.ar.us/Bills/2013/Public/SB388.pdf
  7. ↑ "California Penal Code Section 639-653.2". Retrieved 19 April 2014.
  8. ↑ "AB 300, Ma. Safe Body Art Act". Retrieved 19 April 2014.
  9. ↑ Division of Environmental Health and Sustainability - Tattoo/Piercing
  10. ↑ http://tattoojoy.com/tattoo_laws/united_states,delaware,1.htm[]
  11. ↑ "381.00787". Florida Statutes. Retrieved 4 June 2013.
  12. ↑ LexisNexis® Custom Solution: Georgia Code Research Tool
  13. ↑ Bird Tattoos - Tatspiration
  14. ↑ Idaho Tattooing and Branding Law http://www.legislature.idaho.gov/idstat/Title18/T18CH15SECT18-1523.htm
  15. ↑ Illinois Compiled Statutes: 720 ILCS 5/12C-35
  16. ↑ http://www.in.gov/legislative/ic/code/title35/ar42/ch2.html | Indiana Code 35-42-2-7(e)
  17. ↑ http://tattoojoy.com/tattoo_laws/united_states,iowa,1.htm[]
  18. ↑ Kansas Board of Cosmetology
  19. ↑ http://tattoojoy.com/tattoo_laws/united_states,kentucky,1.htm[]
  20. ↑ http://tattoojoy.com/tattoo_laws/united_states,maine,1.htm[]
  21. ↑ "Code Of Maryland Regulations - Communicable Diseases and Related Conditions of Public Health Importance".
  22. ↑ "Body Art (Body Piercing, Tattooing and Branding / Scarification)". Massachusetts Executive Office of Health and Human Services. Retrieved 14 May 2013.
  23. ↑ Ferdinand, Pamela (November 8, 2000). "Judge throws out 38-year ban on Massachusetts tattoo artists". The Washington Post. Retrieved 14 May 2013.
  24. ↑ "Tattoo, brand, or body piercing on minor; consent and proof of authority of parent or guardian required". Retrieved 2012-10-17.
  25. ↑ "Body Art Licensing". Minnesota Department of Health. Retrieved 8 April 2014.
  26. ↑ "Miss. Code Ann. § 73-61-1". LexisNexis. Retrieved 23 April 2015.
  27. ↑ "Section 324.520". Missouri Revised Statutes. Retrieved 4 June 2013.
  28. ↑ "45-5-623. Unlawful transactions with children". Montana Code Annotated 2011. Retrieved 4 June 2013.
  29. ↑ http://www.southernnevadahealthdistrict.org/body-art/tattoo-regs-sec7.php
  30. ↑ "RSA 314-A:8". New Hampshire Revised Statutes Annotated. Retrieved 26 May 2011.
  31. ↑ "NJSSC §8:27-2.6(5)" (PDF). New Jersey State Sanitary Code. Retrieved 30 June 2011.
  32. ↑ Body Art - Tattooing and Body Piercing
  33. ↑ Section 260.21 of New York State Penal Law - Unlawfully Dealing with a Child in the Second Degree
  34. ↑ Laws of New York
  35. ↑ GS_14-400
  36. ↑ http://www.legis.nd.gov/information/acdata/html/..%5Cpdf%5C33-41-01.pdf
  37. ↑ "ORC 3730.06". Ohio Revised Code. Retrieved 14 June 2011.
  38. ↑ "Consumer Help". oregon.gov. Teen-Age Tattoos Prohibited.
  39. ↑ "18 Pa.C.S. § 6311" (PDF). Title 18 of Pennsylvania Consolidated Statutes.
  40. ↑ http://legis.sd.gov/Statutes/Codified_Laws/DisplayStatute.aspx?Type=Statute&Statute=26-10-19
  41. ↑ "76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.". Utah Code. Retrieved 4 June 2013.
  42. ↑ "76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.". Utah Code. Retrieved 4 June 2013.
  43. ↑ 43.0 43.1 "The Vermont Statutes Online, Chapter 79: TATTOOISTS AND BODY PIERCERS". Retrieved 13 July 2012.
  44. ↑ RCW 26.28.085: Applying tattoo to a minor — Penalty
  45. ↑ Tattooing of children.
  46. ↑ "§ 14-3-107. Performing body-art on persons who have not reached the age of majority; penalties; definition.". Wyoming Statutes Annotated. Retrieved 4 June 2013.