14‑3‑107.  Tattooing of persons who have not reached the age of majority; penalties; definition.

 

(a)  No person shall knowingly place a tattoo upon or under the skin of a person who has not reached the age of majority, except with the consent of the person's parent or legal guardian who is present at the time the tattoo procedure is performed upon the person. The tattooist shall demand proof of age prior to administering a tattoo upon the person. A motor vehicle driver's license, a registration card issued under the federal Selective Service Act, an identification card issued to a member of the armed forces, a valid United States passport or an identification card issued by the department of transportation is prima facie evidence of the age and identity of the person.  Proof that the tattooist demanded, was shown and acted in reasonable reliance upon the information contained in any one (1) of the above documents as identification and proof of age is a defense to any criminal prosecution under this section.

 

(b)  Any person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

 

(c)  As used in this section, "tattoo" means any indelible design, letter, scroll, figure, symbol or any other mark placed upon or under the skin with ink or colors, by the aid of needles or other instruments.