Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 143 Second Substitute (2015GS)

Sponsor

Rep. Christensen, L.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• prohibits the tattooing of persons younger than 18 years of age; and
• establishes a civil cause of action for recovery of the costs of removal of a tattoo performed on a person younger than 18 years of age.

Every vote on this bill

Bill text

PROHIBITION ON TATTOOING OF MINORS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill modifies the Utah Criminal Code regarding the tattooing of minors.
Highlighted Provisions:
This bill:
▸ prohibits the tattooing of persons younger than 18 years of age; and
▸ establishes a civil cause of action for recovery of the costs of removal of a tattoo
performed on a person younger than 18 years of age.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-2201
, as last amended by Laws of Utah 2013, Chapter 329
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-2201
 is amended to read:
76-10-2201.
Unlawful body piercing and tattooing of a minor -- Penalties.
(1) As used in this section:
(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:
(i) is not married; and
(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:
(a) upon a minor;
(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[
: (a)
] upon a minor[
; (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
] 
$1,500
 for each violation.
(6) (a) A person upon whom an actor performs a tattoo in violation of Subsection (3)
has a civil cause of action under Subsection (6)(b) against the actor and against the owner or
operator of the business in which the violation of Subsection (3) is committed.
(b) The person under Subsection (6)(a) may bring the civil cause of action within three
years after the person becomes 18 years of age for the costs of:
(i) removal of all tattoos performed under Subsection (6)(a); and
(ii) related attorney fees and court costs.
(c) Recovery of costs under this Subsection (6) is in addition to the civil penalty under
Subsection (5)(b).
(d) The civil cause of action under Subsection (6)(a) may not be waived or in any
manner invalidated by any contract or agreement with the actor performing the tattoo or the
owner or operator of the business in which the tattoo is performed.
(e) A criminal action need not be brought against an actor in order for the actor to be
civilly liable under this section.
Legislative Review Note
 as of 12-4-14 1:16 PM
Office of Legislative Research and General Counsel