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8 LONG TITLE
9 General Description:
10 This bill modifies the Criminal Code regarding the penalty for performing body
11 piercing or tattooing on a minor.
12 Highlighted Provisions:
13 This bill:
14 . changes the penalty from a class C misdemeanor to a class B misdemeanor for
15 performing or offering to perform unlawful body piercing or tattooing on a minor.
16 Monies Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-10-2201, as enacted by Chapter 296, Laws of Utah 1998
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 76-10-2201 is amended to read:
26 76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.
27 (1) As used in this section:
28 (a) "Body piercing" means the creation of an opening in the body, excluding the ear,
29 for the purpose of inserting jewelry or other decoration.
30 (b) "Consent of a minor's parent or legal guardian" means the presence of a parent or
31 legal guardian during the performance of body piercing or tattooing upon the minor after the
32 parent or legal guardian has provided reasonable proof of personal identity and familial
34 (c) "Minor" means a person younger than 18 years of age who:
35 (i) is not married; and
36 (ii) has not been declared emancipated by a court of law.
37 (d) "Personal identification number" means the number of an apparently valid driver's
38 license or other picture identification card that expressly states that the person is 18 years of
39 age or older.
40 (e) "Tattoo" means to fix an indelible mark or figure upon the body by inserting a
41 pigment under the skin or by producing scars.
42 (2) A person is guilty of unlawful body piercing of a minor if he performs or offers to
43 perform a body piercing:
44 (a) upon a minor;
45 (b) without receiving the consent of the minor's parent or legal guardian; and
46 (c) for remuneration or in the course of a business or profession.
47 (3) A person is guilty of unlawful tattooing of a minor if he performs or offers to
48 perform a tattooing:
49 (a) upon a minor;
50 (b) without receiving the consent of the minor's parent or legal guardian; and
51 (c) for remuneration or in the course of a business or profession.
52 (4) A person is not guilty of Subsection (2) or (3) if the person:
53 (a) had no actual knowledge of the minor's age; and
54 (b) reviewed, recorded, and has maintained a personal identification number for the
55 minor prior to performing an unlawful body piercing or unlawful tattooing.
56 (5) (a) A person who violates Subsection (2) or (3) is guilty of a class [
58 (b) The owner or operator of a business in which a violation of Subsection (2) or (3)
59 occurs is subject to a civil penalty of $750 for each violation.
Legislative Review Note
as of 12-20-05 10:01 AM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.