76-10-2201 - Unlawful body piercing and tattooing of a minor -- Penalties.
76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.
(1) As used in this section:
(a) "Body piercing" means the creation of an opening in the body, excluding the ear, forthe purpose of inserting jewelry or other decoration.
(b) "Consent of a minor's parent or legal guardian" means the presence of a parent orlegal guardian during the performance of body piercing or tattooing upon the minor after theparent or legal guardian has provided reasonable proof of personal identity and familialrelationship.
(c) "Minor" means a person younger than 18 years of age who:
(i) is not married; and
(ii) has not been declared emancipated by a court of law.
(d) "Personal identification number" means the number of an apparently valid driver'slicense or other picture identification card that expressly states that the person is 18 years of ageor older.
(e) "Tattoo" means to fix an indelible mark or figure upon the body by inserting apigment under the skin or by producing scars.
(2) A person is guilty of unlawful body piercing of a minor if he performs or offers toperform a body piercing:
(a) upon a minor;
(b) without receiving the consent of the minor's parent or legal guardian; and
(c) for remuneration or in the course of a business or profession.
(3) A person is guilty of unlawful tattooing of a minor if he performs or offers to performa tattooing:
(a) upon a minor;
(b) without receiving the consent of the minor's parent or legal guardian; and
(c) for remuneration or in the course of a business or profession.
(4) A person is not guilty of Subsection (2) or (3) if the person:
(a) had no actual knowledge of the minor's age; and
(b) reviewed, recorded, and has maintained a personal identification number for theminor prior to performing an unlawful body piercing or unlawful tattooing.
(5) (a) A person who violates Subsection (2) or (3) is guilty of a class B misdemeanor.
(b) The owner or operator of a business in which a violation of Subsection (2) or (3)occurs is subject to a civil penalty of $1,000 for each violation.
Amended by Chapter 99, 2006 General Session