76-9-2002. Unlawful tattooing of a minor.
(1) Terms defined in Sectionsandapply to this section. 76-1-101.5 76-9-2001
(2) Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a tattooing: upon a minor; without receiving the consent of the minor's parent or legal guardian; and for remuneration or in the course of a business or profession.
(3) A violation of Subsectionis a class B misdemeanor. (2)
(4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation.
(5) An actor is not guilty of violating Subsectionif the actor: (2) has no actual knowledge of the minor's age; and 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 old or older before the actor performs the tattooing.