| (1) |
As used in this section:
Attorney's NoteUnder the Utah Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class B misdemeanor | up to 6 months | up to $1,000 |
For details, see Utah Code § 76-3-204
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Terms Used In Utah Code 76-10-2201- 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.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
| (a) |
“Body piercing” means the creation of an opening in the body, excluding the ear, for the purpose of inserting jewelry or other decoration. |
| (b) |
“Consent of a minor’s parent or legal guardian” means the presence of a parent or legal guardian during the performance of body piercing or tattooing upon the minor after the parent or legal guardian has provided:
| (i) |
reasonable proof of personal identity and familial relationship; and |
| (ii) |
written permission signed by the parent or legal guardian authorizing the performance of body piercing or tattooing upon the minor. |
|
| (c) |
“Minor” means a person younger than 18 years of age who:
| (ii) |
has not been declared emancipated by a court of law. |
|
| (d) |
“Tattoo” means to fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars. |
|
| (2) |
A person is guilty of unlawful body piercing of a minor if the person performs or offers to perform a body piercing:
| (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 person is guilty of unlawful tattooing of a minor if the person performs or offers to perform a tattooing:
| (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. |
|
| (4) |
A person is not guilty of Subsection (2) or (3), if the person:
| (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 of age or older before the person performs the body piercing or tattooing. |
|
| (5) |
| (a) |
A person who violates Subsection (2) or (3) is guilty of a class B misdemeanor. |
| (b) |
The owner or operator of a business in which a violation of Subsection (2) or (3) occurs is subject to a civil penalty of $1,000 for each violation. |
|
Amended by Chapter 329, 2013 General Session
