California law requires that a person be at least 18 years of age in order legally to get a tattoo. In fact, according to Penal Code 653 PC, it is a criminal offense to “ink” or administer a tattoo to a minor under the age of 18.
A violation of this code section is charged as a misdemeanor.
The crime is punishable by:
- custody in the county jail for not more than six months; and/or,
- a maximum fine of $1,000.
What is California Penal Code 653 PC?
Penal Code 653 is the California statute that addresses tattooing a minor.
The code section says it is a crime for a person to either tattoo, or to offer to tattoo, any person under the age of 18.
According to this statute, “to tattoo” means:
“to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.”
There is an exception under the code section and it applies to licensed practitioners of the “healing arts.” This means these professionals are not guilty of tattooing a minor if they prick a minor’s skin with a needle in the course of their practice.
Some examples of professionals employed in the “healing arts” include:
- occupational therapists,
- massage therapists,
- chiropractors,
- medical assistants, and
- acupuncturists.
What are the penalties if a person violates this section?
If a party is guilty of tattooing a minor, they are charged with a misdemeanor. The offense is punishable by:
- imprisonment in the county jail for not more than six months; and/or,
- a maximum fine of $1,000.
Please note that in lieu of jail time a judge may order a defendant to misdemeanor probation. This is also called “summary” or “informal” probation.
Are there any legal defenses?
There are two common legal defenses available to a defendant that is charged with tattooing a minor.
- This first is to show that the defendant did not “tattoo” a person, as that term is defined under the statute. For example, a person that places a temporary tattoo on a child is not guilty of a crime because they did not prick a needle into the child’s skin.
- The second defense is for an accused to prove that they are a licensed practitioner of the healing arts and is exempted from PC 653. If these professionals “tattoo” a minor in the course of their practice (such as a medical assistant drawing blood from a minor), then they are not guilty of a crime.
It is not a defense that the defendant did not know the person was under 18. Though if the defendant can show that the person had a fake ID and appeared 18, in our experience the prosecutor may be willing to offer a favorable plea deal.
Is it legal to tattoo a minor with the parent’s consent?
No. California law prohibits tattooing minors across the board. Penal Code 653 PC does not provide a “parental consent” exception.
What about piercings?
Unlike getting a tattoo, there is no minimum age for getting a piercing. However, a minor must have one of their parent’s consent before getting her ears pierced. Further, a parent or guardian of a minor must be present before and during the procedure.
Please note that minors can be pierced in an area other than their ears with parental consent, but not on their genitals or nipples.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Young Offenders, Tattoos and Recidivism – Psychiatry, Psychology and Law.
- Tattooing Behavior in Adolescence: A Comparison Study – American Journal of Diseases of Children.
- Tattooing and body piercing among adolescent detainees: Relationship to alcohol and other drug use – Journal of Substance Abuse.
- The impact of gang involvement, tattoo presence, and a new diversion program on juvenile recidivism outcomes – Rutgers, The State University of New Jersey.
- Tattoo Acquisition: A Prospective Longitudinal Study of Adolescents – Deviant Behavior.
