Offenses Related to Body Modification of Minors

 Posted on July 22, 2015 in Criminal Defense

Adolescence is a time of rebellion. Whether a child’s family circumstances are wonderful or horrifying, a normal part of being a teenager is testing boundaries and beginning to assert authority over one’s own life. One way many teenagers, and sometimes younger children, try to assert some control is through body modification, including piercing and tattoos. However, there are strict regulations regarding providing these services to minors. If you provide either of these services to a minor in violation of these regulations, you can find yourself charged with a criminal offense.

Tattooing the Body of a Minor

One such offense is tattooing the body of a minor. A person is usually guilty of this offense if he or she tattoos a person under the age of 18. There is an exception to this law for doctors since they have to tattoo patients undergoing certain treatments for conditions like cancer. This law is so strict that people under 18 are not even allowed to be in tattoo parlors unless they are accompanied by a parent or legal guardian. Tattooing for purposes of this law is defined simply as inserting pigment under the skin of a human being by pricking with a needle to create a visible mark. Interestingly a person who tattoos a minor cannot be prosecuted under this law if he or she him or herself is a minor, so long as the tattooing is not done at a tattoo parlor. There are also certain exceptions for registered tattoo parlors to help remove gang tattoos and tattoos given to victims of human trafficking. Otherwise, tattooing a minor is considered a Class A misdemeanor so it can result in not only a fine, but jail time as well.

Piercing the Body of a Minor

Piercing the body of a minor can also be a criminal offense. The laws are not quite as strict a those regarding tattooing, however. Minors can receive body piercings with the written consent of a parent or legal guardian. However, if the piercing is a piercing of some part of the oral cavity, there exist grim warnings that must be included in the consent form, which detail the negative potential outcomes of oral piercing including infection, nerve damage, and “life threatening blood clots.” This statute has a section providing exceptions for medical professionals and also specifically excludes ear piercing. Minors who perform piercings are not prosecuted under this statute unless they perform the piercing at a business where piercings are performed. Violation of this law is a Class A misdemeanor.

Call the Law Offices of Christopher M. Cosley

If you have been charged with a crime or are being investigated you will need the help of an experienced Rolling Meadows criminal defense attorney like Christopher M. Cosley. Call us today at (847)394-3200. You should never speak to law enforcement without having an attorney present. It does not matter whether you are guilty or not; the only way to make sure you are protected is to have an advocate on your side.