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7 LONG TITLE
8 General Description:
9 This bill modifies the Utah Criminal Code regarding the tattooing of minors.
10 Highlighted Provisions:
11 This bill:
12 ▸ prohibits the tattooing of persons younger than 14 years of age;
13 ▸ provides that a minor 14 years of age or older may obtain a tattoo, but only if the
14 minor's parent or guardian executes a written authorization prior to the tattooing
15 and in the presence of the person who is to perform the tattooing;
16 ▸ exempts tattoos performed for medical purposes; and
17 ▸ establishes a civil cause of action for recovery of the costs of removal of a tattoo
18 performed unlawfully on a minor in violation of these provisions.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-10-2201, as last amended by Laws of Utah 2013, Chapter 329
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27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 76-10-2201 is amended to read:
29 76-10-2201. Unlawful body piercing and tattooing of a minor -- Penalties.
30 (1) As used in this section:
31 (a) "Body piercing" means the creation of an opening in the body, excluding the ear,
32 for the purpose of inserting jewelry or other decoration.
33 (b) "Consent of a minor's parent or legal guardian" means the presence of a parent or
34 legal guardian during the performance of body piercing or tattooing upon the minor after the
35 parent or legal guardian has provided:
36 (i) reasonable proof of personal identity and familial relationship; and
37 (ii) written permission signed by the parent or legal guardian authorizing the
38 performance of body piercing or tattooing upon the minor.
39 (c) "Medical tattoo" means a tattoo performed:
40 (i) for the purpose of reconstructive surgery or for medical procedures; and
41 (ii) at the direction of a physician licensed under Title 58, Chapter 67, Utah Medical
42 Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.
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44 (i) is not married; and
45 (ii) has not been declared emancipated by a court of law.
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47 pigment under the skin or by producing scars, but does not include a medical tattoo.
48 (2) A person is guilty of unlawful body piercing of a minor if the person performs or
49 offers to perform a body piercing:
50 (a) upon a minor;
51 (b) without receiving the consent of the minor's parent or legal guardian; and
52 (c) for remuneration or in the course of a business or profession.
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58 (3) A person may not knowingly perform a tattoo on a minor under the age of 14 years.
59 (4) A person may not knowingly perform a tattoo on a minor between the ages of 14
60 and 18 years unless the person obtains the prior written informed consent of the minor's parent
61 or legal guardian. The minor's parent or legal guardian shall execute the written informed
62 consent required under this Subsection (4) in the presence of the person performing the
63 tattooing, or in the presence of an employee or agent of the person performing the tattooing.
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65 (a) has no actual knowledge of the minor's age; and
66 (b) reviews, photocopies, and retains the photocopy of an apparently valid driver
67 license or other government-issued picture identification for the minor that expressly purports
68 that the minor is 18 years of age or older before the person performs the body piercing or
69 tattooing.
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71 misdemeanor.
72 (b) The owner or operator of a business in which a violation of Subsection (2) [
73 or (4) occurs is subject to a civil penalty of [
74 (7) (a) A person upon whom an actor performs a tattoo in violation of Subsection (3) or
75 (4) has a civil cause of action under Subsection (7)(b) against the actor and against the owner
76 or operator of the business in which the violation of Subsection (3) or (4) is committed.
77 (b) The person under Subsection (7)(a) may bring the civil cause of action within three
78 years after the person becomes 18 years of age for the costs of:
79 (i) removal of all tattoos performed under Subsection (7)(a); and
80 (ii) related attorney fees and court costs.
81 (c) Recovery of costs under this Subsection (7) is in addition to the civil penalty under
82 Subsection (6)(b).
83 (d) The civil cause of action under Subsection (7)(a) may not be waived or in any
84 manner invalidated by any contract or agreement with the actor performing the tattoo or the
85 owner or operator of the business in which the tattoo is performed.
86 (e) A criminal action need not be brought against an actor in order for the actor to be
87 civilly liable under this section.