As body art goes from tattoos to piercings, many states have created or amended laws to regulate these. Tattoos and body piercings are no doubt pleasing in the eyes of the beholder. Which makes quite a number of people have them.
Many parents and guardians are very curious as to when a teenager can get a tattoo or a piercing. So, it’s significant to know the laws guiding the drawing of tattoos and piercings in the US. Body piercing means the creation of an opening in an individual’s body, other than in an individual’s earlobe, to insert jewelry or another decoration. (Govt. docs).
Tattoo means the practice of producing an indelible mark or figure on the human body by scarring or inserting a pigment under the skin using needles, scalpels, or other related equipment. (Govt docs)
Is it legal to have tattoos and body piercings in the USA?
This has been a question that has been rarely discussed. There is no general federal law regulating these. Although, every state has a statutory law that requires every individual interested to have attained the age of majority, which is 18 years.
Basically, a minority, a person below 18 years can not enter into a legal contract or give consent to a procedure without the consent of a guardian or a parent. Consequently, a minor can only get a tattoo or piercing with the consent of a guardian or a parent in some states.
But in some other states in the US, there are statutory laws that prohibit minors from getting a tattoo, even with the consent of a parent or guardian. Well, to every general rule, there is an exception. The exception to this prohibition is radiation therapy.
Are tattoos and piercings protected under the law?
Well! not really! Some tattooists add a bit of their own moral feelings when considering who they are going to draw a tattoo on. Some may not draw a tattoo for a minor even when it’s legal in that jurisdiction, or where there is parental consent.
They also may refuse to draw some images they feel is inappropriate. Basically, they have discretion as to who they want to draw a tattoo on and what the individual wants. This is entirely based on their morals and not the law.
Therefore, a tattooist may because of some beliefs or morals, refuse to draw a tattoo for either an adult or a minor. There is a thin line between law and morals. Some legal scholars believe that laws should influence morals, while some believe morals should influence the law.
There has been a tussle between these two opposite ideologies. The law should only regulate things that affect the public in general, as believed by the Wolfenden Report in 1957.
Tattoos and piercings are no doubt aesthetic, but there are some rules that need to be followed. Although, the law regarding the processes of getting tattos is quite lenient.
As previously explained, there is no strict general federal law or principle guiding them, apart from the rule that the individual must have attained the age of 18. However, there are some state laws on minors that are particular to some locations, and they’ll be explained below.
Laws or Principles Guiding the Drawing of Tattoos
The General Federal Laws or Principles Guiding the Drawing of Tattoos and Piercings in the USA.
As an 18-year-old, you can draw a tattoo according to the federal law. Also, you can get as many piercings as you like. As a minor, you can’t. Body modifications battle between parents and their children isn’t strange.
A number of states have stepped in. They have created a number of legislations to help with this conflict. Almost all 50 states in the US have laws addressing some aspects of body art. Over 40 states have laws that prohibit minors from getting tattoos. Over Thirty-five states have laws that forbid minors from drawing tattoos and body piercings without parental consent.
In Florida, a person younger than 16 years cannot be tattooed, except for medical reasons or dental reasons. Also, anyone between 16 to 18 can be tattooed, but only with the consent of their parents or guardians.
In June 2012, a Florida grandpa lost custody of his 10-year-old grandson after allowing him to tattoo his initials on his leg (check here). In the grandpa’s defense, he said it was a tradition.
Laws Guiding Tattoos and Piercings in the 50 states in the US for Minors
A minor is a person, either a male or a female who is below 18. It is consequential to know the laws associated with tattoos and piercings in the 50 states in the US. It is important because the laws are quite different from state to state, even though there are some similarities.
For example, some states require informed consent from the parents or legal guardian of the minor. While some require that the parent or legal guardian be available during the procedure. Therefore, here are the states in the US, with their required law for minors.
Alabama –
According to the provisions in the Alabama Code, there must be a written informed consent from the minor’s parent or legal guardian before a tattoo or body piercing can be performed.
Alaska –
Based on the Alaska statutes, there must be a written consent from a parent or legal guardian for body piercing, and the parent or guardian must be present during the procedure. The law doesn’t allow minors to engage in drawing tattoos. Hence, it’s illegal for a minor to draw a tattoo in Alaska.
Arizona –
In respect of the Arizona Revised Statutes drafted by the legislative, there must be informed consent. Also, the statute makes it compulsory for the parent or legal guardian to be available during the procedure.
Arkansas –
With regards to the Arkansas Code, there must be a written consent from a parent or legal guardian for body piercings and tattoos. Also, a parent or legal guardian must be present during the procedure.
California –
A written or notarized consent from a parent or legal guardian for body piercing. Or a parent or legal guardian must be present during the procedure. California frowns at tattoos for minors.
Colorado –
Colorado requires written consent from parent or legal guardian for body piercing and tattoos.
Connecticut –
There must be a written consent from a parent or legal guardian for tattoos. There is no written law guiding body piercings here.
Delaware –
Written consent from a parent or legal guardian for both body piercing and tattoos.
Florida –
A written or notarized consent from a parent or legal guardian for body piercing and tattoos.
Georgia –
A written or notarized consent from a parent or legal guardian for body piercing. The laws in Georgia do not give a minor a chance to draw tattoos. Therefore, it’s illegal for a minor to draw tattoos in Georgia.
Hawaii –
Written consent from a parent or legal guardian for tattoos. There are no written laws for the regulation of body piercings for minors in Hawaii.
Idaho –
According to the statutory laws in Idaho, minors between the ages of 14-18 require written consent from a parent or legal guardians for body piercing and tattoos. Also, a parent or legal guardian must be present during the procedure. Minors below 14 years old are prohibited from drawing tattoos and body piercings.
Illinois –
The statute here makes it mandatory for a parent or legal guardian to be present with minors when in a tattoo or piercing shop. A misdemeanor arises when a minor enter without a parent or legal guardian.
Indiana –
The laws of Indiana states that there must be a written consent from a parent or legal guardian for body piercing and tattoos. The legal guardian or parent must also be present during the procedure.
Iowa –
The laws in Iowa prohibits drawing of tattoos on minors and therefore, it’s illegal. There are no laws for body piercings for minors yet in Iowa.
Kansas –
A written or notarized consent from a parent or legal guardian for body piercing and tattoos. Also, the law in Kansas makes it compulsory for the parent or legal guardian to be present during the procedure.
Kentucky –
There must be a written or notarized consent from a parent or legal guardian for body piercing and tattoos for minors in Kentucky.
Louisiana –
The laws in this state make it obligatory for a parent or legal guardian to be present for body piercing and tattoos on minors.
Maine –
There must be a written consent from a parent or legal guardian for body piercing. The statute frowns at minors getting tattoos, therefore it’s an offense to get tattoos as a minor.
Maryland –
In Maryland, there is no codified law on body piercings and tattoos for minors.
Massachusetts –
The statute requires the parent or legal guardian to be present for body piercing on minors. For tattoos on minors, there is no law guiding it in Massachusetts.
Michigan –
A written or notarized consent from a parent or legal guardian for body piercing is required. Also, a parent or legal guardian must be present during the procedure. There are no known statutes or laws for tattoos on minors.
Minnesota –
A written or notarized consent from a parent or legal guardian for body piercing must be witnessed by the piercer. The laws do not permit minors to get a tattoo.
Mississippi –
Mississippi is quite strict on this law.And prohibits minors from getting tattoos and body piercings.
Missouri –
The laws of Missouri states that there must be a written consent from a parent or legal guardian for body piercing or tattoos, which must be witnessed by the piercer.
Montana –
Written consent from a parent or legal guardian for body piercing or tattoos which must be witnessed by the piercer.
Nebraska –
The laws of Nebraska provides that, a written or notarized consent from a parent or legal guardian for body piercing and tattoos on minors. Also, the parent or legal guardian must be present during the procedure.
Nevada –
There are no laws regulating tattoos or body piercings in Nevada for minors.
New Hampshire –
Based on the laws guiding tattoos and piercings in New Hampshire, there must be a written consent from a parent or legal guardian for body piercing. Also, a parent or legal guardian must be present during the procedure. The laws prohibit minors from getting a tattoo.
New Jersey –
There are no established laws guiding body piercings for minors in New Jersey. On the other hand, written consent from a parent or legal guardian is required for drawing tattoos on minors.
New Mexico –
Written consent from a parent or legal guardian for body piercing and tattoos, and a parent or legal guardian must be present during the procedure.
New York –
Written consent from a parent or legal guardian for body piercing. Minors are prohibited from getting a tattoo.
North Carolina –
A parent or legal guardian must be present to give consent for body piercing. The law forbids minors from getting a tattoo.
North Dakota –
Written consent from a parent or legal guardian for body piercing and tattoos, and a parent or legal guardian must be present during the procedure.
Ohio –
A parent or legal guardian must be present and sign a consent form for body piercing and tattoos.
Oklahoma –
Written consent from a parent or legal guardian for body piercing, and a parent or legal guardian must be present during the procedure. No tats for minorsThe law frowns at tattoos for minors.
Oregon –
There must be a written consent from a parent or legal guardian for body piercing, and present proof of identity to the piercer. The law forbids minors from getting tattoos.
Pennsylvania –
Written consent from a parent or legal guardian for body piercing and tattoos, and a parent or legal guardian must be present during the procedure.
Rhode Island –
A parent or legal guardian must be present to give consent for body piercing. The statutes prevent minors from getting tattoos.
South Carolina –
A Written or notarized consent from a parent or legal guardian for body piercing. OR a parent or legal guardian must be present during the procedure. The law bans minors from getting tattoos.
South Dakota –
Written consent from a parent or legal guardian for body piercing and tattoos.
Tennessee –
Either a written consent from a parent or legal guardian for body piercing. Or a parent or legal guardian must be present during the procedure. Minors over the age of 16 may get a tattoo only to cover up an existing tattoo. This even with a parent or legal guardian present, and present proof of their identity to the piercer.
Texas –
Either a written consent from a parent or legal guardian for body piercing or a parent. Or a legal guardian must be present during the procedure. The law forbids minors from getting tattoos.
Utah –
Written consent from a parent or legal guardian for body piercing and tattoos.
Vermont –
Written consent from a parent or legal guardian for body piercing and tattoos.
Virginia –
A parent or legal guardian must be present to give consent for body piercing and tattoos.
Washington –
There are no known laws relating to body piercings for minors in Washington. But there is a clear statute for tattoos for minors, and it forbids them.
West Virginia –
Written consent from a parent or legal guardians for tattoos. There are no writing laws regulating body piercings for minors.
Wisconsin –
Written consent from a parent or legal guardian for body piercing. A parent or legal guardian must be present with minors when in a tattoo/piercing shop. The statute frowns at tattoos for minors.
Wyoming –
A parent or legal guardian must be present to give consent for body piercing and tattoos.
We can see the federal laws and state laws that guide tattoos and piercings in the United States, both for adults and minors. It’s apparent that adults can get tattoos and piercings as they want. But still subject to tattooist morals.
Also, they can get as many piercings as they want. But the minors, need parental consent most times. And we’ve explained all the requirements needed from one state to another.
Related Questions
How old do I need to be to get a tattoo or piercing?
As explained above, you need to have attained the adult age. The age of 18 years before you can get a tattoo or pierce legally in the US.
This is in accordance with the law of contract. A contract with or by a minor is void and a minor. Therefore, cannot bind himself by that contract. This is why the consent of a parent or a legal guardian is advised. But as an adult, you can get as many tattoos or piercings as you like.
Are piercings and tattoos illegal?
Piercings and tattoos are not illegal as long as they follow the due processes and abide by all the laws or statutes created by the relevant authorities.
We already explained the laws above. So you can check through to see the state you fall within and the laws that they have for minors and adults.
Well, the general principle is that adults can have tattoos and piercings. But the minors are subjected to some conditions which need to be fulfilled before a tattoo or piercing can be legal.
Tattoos and piercings are aesthetic. Go on and get a tattoo today.