324.520. Definitions — tattooing, branding, body piercing, prohibited, when, penalty.

418 words·~2 min read·/mo/chapter-324/324-520

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324.520. Definitions — tattooing, branding, body piercing, prohibited, when, penalty. — 1. As used in sections 324.520 to 324.524 , the following terms mean:

(1)"Body piercing" , the perforation of human tissue other than an ear for a nonmedical purpose;

(2)"Branding" , a permanent mark made on human tissue by burning with a hot iron or other instrument;

(3)"Controlled substance" , any substance defined in section 195.010 ;

(4)"Minor" , a person under the age of eighteen;

(5)"Tattoo" , one or more of the following:

(a)A mark made on the body of another person by the insertion of a pigment, ink, or both pigment and ink under the skin with the aid of needles or blades using hand-held or machine-powered instruments;

(b)A mark made on the face or body of another person for cosmetic purposes or to any part of the body for scar coverage or other corrective purposes by the insertion of a pigment, ink, or both pigment and ink under the skin with the aid of needles; or

(c)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 a minor 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. Any person who fraudulently misrepresents himself or herself as a parent is guilty of a class B misdemeanor.

3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.

4. A person who violates any provisions of sections 324.520 to 324.526 is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.

5. No person under the age of eighteen shall tattoo, brand or perform body piercing on another person.

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(L. 1998 H.B. 1601, et al. § 24, A.L. 1999 H.B. 343, A.L. 2007 H.B. 780, A.L. 2023 S.B. 70 merged with S.B. 157)