Minors; Violation; Classification; Anesthesia; Defense; Definition. (a) It is unlawful to tattoo a person who is under eighteen (18) years of age without the physical presence of that person's parent or legal guardian. (b) It is unlawful for a person who tattoos or pierces the body of another person to use a needle or ink more than once, or to use a needle that is not pre-sterilized or autoclaved. (c) A person must be a licensed healthcare professional to administer any form of subcutaneous local anesthesia during the course of any procedure involving the branding, scarifying, tattooing or piercing of the body of another person. (d) It is a defense to a prosecution for a violation of Subsection (a) that the person requested age identification, and relied in good faith on the accuracy of the information contained in the identification. (e) A person who violates this Section is guilty of a misdemeanor.
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(f) For the purposes of this Section, tattoo means any indelible design, letter, scroll, figure, symbol or other mark that is placed on or under the skin with ink or colors by the aid of needles or other instruments, and that cannot be removed without a surgical procedure or any design, letter, scroll, figure or symbol or other mark done by scarring on or under the skin. SOURCE: Added as § 70.16 by P.L. 25-053:1 (June 30, 1999), renumbered as § 70.410 by the Compiler as part of the reorganization of Chapter 70.