CRIMES AND PUNISHMENTS
CHILDREN AND VULNERABLE ADULTS
18-1523. Tattooing, branding and body piercing of minors. (1) As used in this section:
(a) "Body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose;
(b) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument for the purpose of decoration or for some other nonmedical purpose;
(c) "Minor" means a person under the age of eighteen (18) years but does not include a person who is an emancipated minor; and
(d) "Tattoo" means one (1) or more of the following but does not include any mark or design done for a medical purpose:
(i) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or
(ii) An indelible design made on the body of another person by production of scars other than by branding.
(2) No person shall knowingly tattoo, brand or perform body piercing on any minor under the age of fourteen (14) years.
(3) 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.
(4) A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500). If there is a subsequent violation of this section within one (1) year of the initial violation, such person shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).
[18-1523, added 2004, ch. 127, sec. 1, p. 436.]
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