North Dakota Code 12.1-31-13 – Tattooing, branding, subdermal implants, scarifying, and piercing – Minors
1. As used in this section:
Attorney's Note
Under the North Dakota Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 30 days | up to $1,500 |
Terms Used In North Dakota Code 12.1-31-13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Individual: means a human being. See North Dakota Code 1-01-49
- person: includes , where relevant, a corporation, limited liability company, partnership, unincorporated association, or other legal entity. See North Dakota Code 12.1-01-04
- Political subdivision: as used in this title and in any statute outside this title which defines an offense means a county, city, school district, township, and any other local governmental entity created by law. See North Dakota Code 12.1-01-04
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. “Brand” means the use of heat, cold, or any chemical compound to imprint permanent markings on an individual‘s skin.
b. “Pierce” means the puncture of any part of an individual’s body to insert studs, pins, rings, chains, or other jewelry or adornment.
c. “Scarify” means to cut, tear, or abrade an individual’s skin for the purpose of creating a permanent mark or design on the skin.
d. “Subdermal implant” means to insert a foreign object beneath the skin to decorate an individual’s body.
e. “Tattoo” means to mark the skin of an individual by insertion of permanent colors through puncture of the skin.
2. It is a class B misdemeanor for a person, other than a licensed health care professional acting within that professional’s scope of practice, to tattoo, brand, subdermal implant, scarify, or pierce an individual who is under eighteen years of age unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes place in the presence of and with the written consent of the individual’s parent or legal guardian.
3. It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing to an individual who is under eighteen years of age.
4. A political subdivision may enact and enforce an ordinance restricting tattooing, branding, subdermal implanting, scarifying, and piercing or restricting the sale of tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if the ordinance is equal to or more stringent than this section.