Tattoos and body art have become increasingly popular among teenagers and young adults. While tattoos are widely accepted, it is important to note that performing a tattoo on a person under the age of 18 is considered a crime under California Penal Code Section 653 PC. In this article, we will delve into the definition of this crime, related offenses, examples, defenses, and the associated penalties.
Definition and Elements of the Crime
To establish the guilt of tattooing a minor, a prosecutor must prove that the defendant tattooed or offered to tattoo a person under the age of 18. Tattooing is defined as the act of inserting pigment under the skin’s surface by pricking the skin with a needle or similar tool, resulting in an indelible mark or figure visible through the skin.
It is worth noting that the statute does not require a specific state of mind for this offense. Consequently, a defendant could be charged under California Penal Code Section 653 PC even if they did not knowingly or intentionally tattoo someone under 18. Tattoo artists must exercise caution by diligently checking identification and verifying the date of birth of any client requesting a tattoo.
The statute does not apply to licensed practitioners in the healing arts who perform tattooing as part of their practice.
Related Offenses
There are several related offenses that one should be aware of:
- Contributing to the Delinquency of a Minor – California Penal Code Section 272 PC
- Annoying or Molesting a Child – California Penal Code Section 647.6 PC
- Selling or Furnishing Alcohol to a Minor – California Business & Professions Code Section 25658 B&P
Examples
To better understand the implications of tattooing a minor, let’s consider a couple of examples:
Example 1:
A well-respected tattoo artist runs a tattoo parlor. A young woman visits the shop expressing her desire for a tattoo but admits her fear of her parents’ disapproval. The artist, without asking her age, offers to give her a tattoo at a discounted price. However, the woman declines the offer and leaves the shop. In this scenario, the artist could be charged under California Penal Code Section 653 PC because the offense applies to both tattooing and offering to tattoo someone under 18 years old.
Example 2:
A licensed dermatologist runs a practice focused on treating skin discolorations and irregularities. As part of the treatment, the doctor sometimes injects dyes under the skin. One of the doctor’s patients is a seventeen-year-old boy who seeks treatment with parental consent. The doctor would not be charged with violating the California Penal Code Section 653 PC if it is determined that he performed the tattooing as a part of the “healing arts” in the course of his practice.
Defenses to Tattooing a Minor
As previously mentioned, licensed practitioners of the healing arts acting within the course of their practice are exempt from prosecution under California Penal Code Section 653 PC.
In some cases, law enforcement agencies may conduct sting operations to apprehend tattoo artists offering tattoos to minors. If the undercover officer becomes overly aggressive or pressures the defendant into committing the crime, the defendant may have a valid entrapment defense if charged.
Penalties
Tattooing a minor is considered a misdemeanor offense punishable by up to six months in jail, a $1,000 fine, and any other conditions of probation determined by the judge. Additionally, tattooists or tattoo parlors may have their licenses revoked as a consequence of this offense.
Frequently Asked Questions
Are all tattoos on minors considered a crime?
No, tattoos on minors in California are only considered a crime if performed by an individual who tattoos or offers to tattoo a person under the age of 18.
Can licensed practitioners in the healing arts tattoo minors?
Yes, licensed practitioners in the healing arts are exempt from prosecution as long as the tattooing is performed in the course of their practice.
Can an undercover operation lead to a valid defense?
Yes, if an undercover operation becomes overly aggressive or pressures the defendant into committing the crime, the defendant may have a valid entrapment defense.
Conclusion
Tattooing a minor is a serious offense under the California Penal Code. It is crucial for tattoo artists and individuals considering getting a tattoo to be aware of the age restrictions and legal consequences. Licensed practitioners in the healing arts are exempt from prosecution, but it is important for all tattoo artists to exercise caution when checking identification and verifying the age of their clients. Consult with a Los Angeles Criminal Defense Attorney, such as Michael Kraut at Kraut Criminal & DUI Lawyers, if you or your business is facing charges related to tattooing a minor.
