H.B. 390

1

PARENTAL CONSENT TO BODY PIERCING
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO CRIMINAL CODE; PROHIBITING THE BODY PIERCING OF A
6 MINOR WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN;
7 h [ PERMITTING THE DENIAL OF HEALTH INSURANCE COVERAGE FOR INFECTIONS
8 AND SECONDARY ILLNESSES THAT ARISE AS A RESULT OF AN UNLAWFUL
9 BODY PIERCING ;] h AND PROVIDING PENALTIES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 h [ 31A-22-623, Utah Code Annotated 1953 ] h
13 76-10-2201, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 h [ Section 1. Section 31A-22-623 is enacted to read:
16 31A-22-623. Denial of coverage for unlawful body piercing.
17 An insurer may refuse to provide coverage for infections and other secondary illnesses
18 which arise as a direct result from a body piercing obtained in violation of Section 76-10-2201. ] h
19 Section 2. Section 76-10-2201 is enacted to read:
20 Part 22. Public Health Offenses
21 76-10-2201. Unlawful body piercing of a minor.
22 (1) As used in this section:
23 (a) "Body piercing" means the creation of an opening in the body, excluding the ear, for
24 the purpose of inserting jewelry or other decoration.
25 (b) "Consent of a minor's parent or legal guardian" means h [ :
26 (i) ] h the presence of a parent or legal guardian during the performance of body piercing upon
27 the minor h [ ; or ] . h

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1 h [ (ii) a notarized writing of a parent or legal guardian expressly consenting to the
2 performance of body piercing upon the minor. ] h
3 (c) "Minor" means a person younger than 18 years of age who:
4 (i) is not married; and
5 (ii) has not been declared emancipated by a court of law.
6 (d) " h [ Proper ] PERSONAL h identification number" means the number of an apparently
6a valid driver's
7 license or other picture identification card that expressly states that the person is 18 years of age
8 or older.
9 (2) (a) A person is guilty of unlawful body piercing of a minor if he performs or offers to
10 perform a body piercing:
11 (i) upon a minor;
12 (ii) without receiving the consent of the minor's parent or legal guardian; and
13 (iii) for remuneration or in the course of a business or profession.
14 (b) A person is not guilty of Subsection (2)(a) if the person:
15 (i) had no actual knowledge of the minor's age; and
16 (ii) reviewed, recorded, and has maintained a personal identification number for the minor
17 prior to performing an unlawful body piercing.
18 (3) (a) A person who violates Subsection (2) is guilty of a class C misdemeanor.
19 (b) The owner or operator of a business in which a violation of Subsection (2) occurs is
20 subject to a civil penalty of $750 for each violation.




Legislative Review Note
as of 2-4-98 7:13 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

lilac-February 18, 1998

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