Idaho Tattoo Laws

SENATE BILL NO. 1281

BY JUDICIARY AND RULES COMMITTEE

AN ACT

RELATING TO TATTOOING, BRANDING AND BODY PIERCING OF MINORS; AMENDING CHAPTER 3 15, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-1523, IDAHO 4 CODE, TO DEFINE TERMS, TO PROHIBIT CERTAIN ACTIONS ON MINORS UNDER THE AGE 5 OF FOURTEEN YEARS, TO REQUIRE THE WRITTEN INFORMED CONSENT OF A MINOR'S 6 PARENT OR LEGAL GUARDIAN PRIOR TO THE TATTOOING, BRANDING OR BODY PIERCING 7 OF MINORS AGED FOURTEEN TO EIGHTEEN YEARS, TO REQUIRE SUCH CONSENT TO BE 8 EXECUTED IN THE PRESENCE OF CERTAIN PERSONS AND TO PROVIDE PENALTIES.

Be It Enacted by the Legislature of the State of Idaho:

SECTION 1. That Chapter 15, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and des- ignated as Section 18-1523, Idaho Code, and to read as follows:

18-1523. TATTOOING, BRANDING AND BODY PIERCING OF MINORS. (1) As used in this section:

(a) "Body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose;

(b) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument for the purpose of decoration or for some other nonmedical purpose;

(c) "Minor" means a person under the age of eighteen (18) years but does not include a person who is an emancipated minor; and

(d) "Tattoo" means one (1) or more of the following but does not include any mark or design done for a medical purpose: (i) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or (ii) An indelible design made on the body of another person by pro- duction of scars other than by branding.

(2) No person shall knowingly tattoo, brand or perform body piercing on any minor under the age of fourteen (14) years.

(3) No person shall knowingly tattoo, brand or perform body piercing on a minor between the ages of fourteen (14) and eighteen (18) years 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.

(4) A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500). If there is a subse- quent violation of this section within one (1) year of the initial violation, such person shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).