76-9-2002. Unlawful tattooing of a minor.
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Effective 5/7/2025
76-9-2002. Unlawful tattooing of a minor.
(1)Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.
(2)Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a 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.
(3)A violation of Subsection
(2)is a class B misdemeanor.
(4)The owner or operator of a business in which a violation of Subsection
(2)occurs is subject to a civil penalty of $1,000 for each violation.
(5)An actor is not guilty of violating Subsection
(2)if the actor:
(a)has no actual knowledge of the minor's age; and
(b)reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the tattooing.
Renumbered and Amended by Chapter 173 , 2025 General Session