Can a Minor Get a Tattoo with a Parent's Permission in Cali?

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Thinking about getting your first tattoo in California? Whether you're a teen looking to get inked or a parent considering consent, it’s essential to understand California’s strict tattoo laws for minors.

If you’re unsure about these regulations or facing legal issues related to tattooing and age laws, Schmidt & Clark can guide you through California’s tattoo regulations and your options for legal support.

Quick Summary

Getting a tattoo under 18 is illegal regardless of parent/guardian consent.
Tattoo artists face up to 6 months in jail and $1,000 fines for tattooing minors.
The only exception is for medical procedures by licensed healthcare providers.
Attempting to get around this law can result in severe consequences.

Can a Minor Get a Tattoo With a Parent's Permission in California?

No. California state law prohibits anyone under 18 from being tattooed under any circumstance, regardless of whether they have consent from their parents. Per California Penal Code 653, anyone who tattoos or offers to tattoo a minor is guilty of a misdemeanor.

What is the Penalty for Tattooing a Minor in California?

Tattooing a minor is punishable by up to 6 months in jail, a $1,000 fine, and any other conditions of probation that a judge may deem appropriate in California. Additionally, any tattoo artist may have their license revoked if they perform this service.

What if the Artist Doesn't Know the Age of the Client?

It is essential to understand that not knowing a person's age doesn’t exempt the tattooist from breaking the law.

When someone wants a tattoo, the studio must ask for a valid form of identification, like a driver’s license or passport, to verify their age. This is crucial to ensure the studio and artist comply with the law and only provide tattoos to adults.

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Are There Medical Exceptions?

Yes, there are medical exceptions. Only licensed doctors or medical professionals trained in the healing arts can legally tattoo a minor under 18 in California.

They may perform this service only if it’s part of their medical practice and for specific health-related reasons. All other tattooists are not allowed to tattoo minors without exception.

Understanding the types of medical tattoos allowed, the process for obtaining medical authorization, legitimate medical reasons for such tattoos, and how to find qualified practitioners is essential for parents considering this option.

Types of Medical Tattoos Allowed for Minors

Medical tattoos for minors may include:

Identification Tattoos: These tattoos can indicate medical conditions such as allergies (e.g., penicillin allergy) or chronic illnesses (e.g., diabetes) requiring immediate emergency attention.
Tattooed Port Sites: For children who require regular medical procedures like dialysis or IV access, tattooing can help healthcare providers identify optimal sites for treatment.
Cosmetic Tattoos: In some cases, minors may receive tattoos to cover scars or skin conditions resulting from surgeries or injuries, helping to improve their self-esteem.

Examples of Legitimate Medical Reasons

Chronic Conditions: For minors with chronic conditions like epilepsy or asthma, tattoos can serve as a quick reference for emergency responders.
Post-Surgical Markings: After surgeries that require ongoing treatment or monitoring, tattoos may be used to mark specific areas for future procedures.
Genetic Disorders: Children with genetic disorders that necessitate special care may benefit from identification tattoos that inform caregivers about their condition.

How Old Do I Have to Be to Get a Piercing in California?

You must be over 18 to have your nipples or genitalia pierced in California. For all the other piercings, you must have a parent or legal guardian with you if you are under 18.

Legal Defenses to Tattooing a Minor

There are essentially 2 legal defenses available to a defendant who is charged with tattooing a minor:

1. Defendant shows that he or she did not “tattoo” the child, as the term is defined under state law. For example, an individual who puts a temporary tattoo on a child is not guilty of a crime because they did not use a needle on the child’s skin.

2. Defendant proves that he or she is a licensed practitioner of the healing arts, and is thus exempted from PC 653. If these professionals “tattoo” a minor in the course of their practice, then they are not guilty of a crime.

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FAQs

What are the consequences for tattoo artists who tattoo minors in California?

Tattoo artists who tattoo minors can face legal consequences, including fines and possible revocation of their license. It is considered a misdemeanor offense.

Are there health risks associated with minors getting tattoos?

Yes, minors may face health risks such as infections, allergic reactions, and complications related to improper aftercare. The skin of minors is also still developing, which can affect the appearance and healing of the tattoo.

Are there penalties for minors who attempt to get a tattoo in California?

While the primary legal responsibility falls on the tattoo artist, minors who attempt to get a tattoo may face challenges in having the tattoo removed and potential health risks. There are generally no legal penalties for the minors themselves.

Can a minor get a tattoo removed in California?

Yes, a minor can get a tattoo removed with parental consent. Tattoo removal should be done by a licensed professional to minimize risks and complications.

What Happens if a Minor Uses a Fake ID to Get a Tattoo?
If a minor uses a fake ID, they may face legal consequences, and the tattoo studio could face fines or license suspension if they fail to verify age properly.

Can California Residents Get Tattoos in Other States Where It’s Legal for Minors?
Yes, California residents can get tattoos in other states where it's legal for minors, but it's crucial to follow that state’s laws and requirements.

What Are the Most Common Ways Minors Try to Circumvent These Laws?
The most common ways minors try to circumvent these laws is by using fake IDs, bringing in forged consent forms, or lying about their age, but these actions can have serious legal consequences for both the minor and the tattoo artist.

How Do Tattoo Artists Verify Age in California?
Tattoo artists verify age in California by typically asking for a government-issued ID and may require additional proof if there’s any doubt about age.

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