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Delaware Tattoo Laws

Section 1. Amend Chapter 5, Title 11, Delaware Code by adding a new section to read as follows:

"Section 1113. Body-piercing, tattooing, or branding; consent for minors; civil and criminal penalties.

(a) No person shall tattoo, brand or perform body-piercing on a minor unless that person obtains the prior written consent of the minor's parent or legal guardian to the specific act of tattooing, branding or body piercing.
(b) No person shall tattoo, brand, or perform body piercing on another person if the other person is under the influence of alcoholic beverages, being beer, wine or spirits, or a controlled substance.
(c) Consent forms shall be signed in the presence of two (2) reputable witnesses and shall be notarized.
(d) A person who violates this section shall be guilty of a Class A misdemeanor for the first offense or a Class F felony for a second or greater offense.
(e) A person who violates this section is liable in a civil action for actual damages or $1,000.00, whichever is greater, plus reasonable court costs and attorney fees.
(f) As used in this section:

(1) `Body-piercing' means the perforation of human tissue other than an ear for a non-medical purpose.
(2) `Branding' means a permanent mark made on human tissue by burning with a hot iron or other instrument.
(3) `Controlled substance' means that term as defined in Chapter 47, Title 16 of this Code.
(4) `Minor' means an individual under 18 years of age who is not emancipated.
(5) `Tattoo' means one or more of the following:

(i) An indelible mark made upon the body of another person by the insertion of a pigment under the skin. (ii) An indelible design made upon the body of another person by production of scars other than by branding."

This Bill requires parental or guardian consent to body-piercing, tattooing, or branding of a minor. Any person who performs such acts without appropriate consent shall be guilty of a crime and also face civil action for liability. Additional no body-piercing, tattooing, or branding shall be performed on any person if that person is under the influence of alcoholic beverages or a controlled substance. Ear piercing and acts for medical purposes are excluded.