How Old Do You Have to Be to Get a Tattoo?
The legal age for tattooing varies by state, country, and region. In the United States, many states require individuals to be 18 years or older to get a tattoo. These regulations are implemented to ensure that individuals can give informed consent before getting a tattoo. For minors, the requirements differ. While some states allow individuals as young as 16 to pursue tattoos with parental consent or signature to waive liability , this is not a standard across all states. Some countries set a minimum age of 16 nationwide, but the regulations within each country still vary. Given the potential for health risks, placements of tattoos on visibly aged body parts of younger individuals, and emotional impact, most states have implemented minimum age requirements. The Australian state of New South Wales, for instance, has seen serious debate over the subject.
Variances in the States and Beyond
As with other age-restricted activities, the legal age for tattoos varies from one locality to another. The differences can be pronounced. For example, some states in the U.S. do not have a legal minimum age for tattoos at all.
In many U.S. states, however, individuals must be 18 or older to obtain a tattoo. For example, the law in Arkansas provides that "[n]o person shall tattoo a person under the age of eighteen (18)" unless the minor is accompanied by a parent or legal guardian who provides written and signed consent. The same is true in California, Colorado, Kentucky, Louisiana, Missouri, New Jersey, New Mexico, Tennessee, Utah and West Virginia. Similarly, in Pennsylvania, an artist cannot tattoo a minor unless the artist is the minor’s parent or legal guardian. Alaska, Florida, Idaho, Iowa, Montana, Nebraska and Washington also require parental consent for tattooing minors.
Other states leave it to localities to determine whether to allow the tattooing of minors. New York, for example, will not issue tattoo artist licenses to applicants who tattoo minors.
More restrictive, several state laws strictly prohibit the tattooing of minors regardless of parental consent. In Nevada, for example, the law prohibits persons from tattooing anyone under the age of 18. New Hampshire passed similar legislation in 2008. Similarly, the law in Massachusetts states that "[a] person shall not tattoo a person under the age of eighteen." Individuals in Connecticut must be 18 years of age to get a tattoo, while those in Illinois may get a tattoo only if they are 21 or older.
Internationally, even wider differences exist. In Australia, each state and territory regulates the practice. For example, the Tattoo Licensing Act 2003 (NSW) in New South Wales makes it an offence for any person to tattoo a person under 18 years. A minor is defined as a person under the age of 18, with the offence subject to a fine of $11,000. In Queensland, the Tattooing Act 2003 (Qld) also prohibits tattooing of a minor except for a medical or dental purpose. In Victoria, a tattooist must not tattoo a person under 18.
Other countries impose age restrictions on the tattooing of minors, but do so in a more lenient fashion than Australia. The law in Canada, for example, permits tattooing of minors with parental or guardian consent.
Wherever they go, tattoo artists must be familiar with the local and state laws governing the tattooing of minors.
Purpose of Minimum Age Requirements
The primary reason for implementing minimum age restrictions for tattoos and other body work are the potential health effects. Long term exposure to the chemicals in the ink and the cold steel of the tattoo needle are capable of causing serious and life long health problems, especially when exposure happens at such a young age.
Along with the potential negative health effects and the high costs of medical care, there is also the potential for permanent scarring. This is a primary health concern for healthcare officials. Tattoo ink may potentially cause rejection within the body, whether in the skin or when absorbed into the bloodstream. In some cases, these inks may contain chemicals that lead to conditions such as viral hepatitis and skin infections.
There is also the risk of exposure to sexually transmitted diseases. Many tattoo parlors and individuals have been accused of using dirty needles and reusing ink, both of which can lead to the spreading of STDs, which approximately 13,000 people in the US receive treatment for each year.
In some states, general credence is given to the argument presented by Sen. Matt Murphy that tattoos are permanent marks that will not wash off, and that youth do not have the maturity to make such permanent decisions. He also cited the potential for negative social ramifications that may come about in the future when he made the arguments related to tattoo laws. Most state legislatures that have discussed the age of consent for tattoos have argued that people under the age of 18 who commit sexual crimes involving tattoos or other bodywork should be punished with mandatory treatment for sex offenders. While this is a relatively uncommon standpoint, it is cited as an additional reason that these age laws exist.
Exceptions to the Maximum Age
In some states, minors may be permitted to get a tattoo if they have parental or guardian consent. The process for achieving these exceptions may vary from state to state. In Arizona, for example, if a parent accompanies their child to the tattoo facility, brings identification with photograph, and signs a waiver of liability, the child may be tattooed as long as the design meets any restrictions laid out by the state.
Rather than simply requiring a note from the parent or legal guardian, some states require that the minor be accompanied by a parent or legal guardian to receive a tattoo. In Michigan, visitors must be 18 years old to get a tattoo or body piercing unless in the presence of a parent or legal guardian, at which point they will be permitted. Minors 16 years old and older may also be pierced at licensed establishments with an affidavit of consent obtained from a parent or legal guardian.
Even with signed releases from a parent or legal guardian, not all facilities will perform tattooing on minors under the age of 18—it is always up to the discretion of the artist and establishment whether or not they will work on a minor.
Parents who are concerned about the short-term effects of tattooing on their children may wish to consider temporary tattooing or henna, especially if their child only wishes to sport the design for a limited time. These options are considerably easier to administer than permanent tattoos, although they may also cause some irritation.
Implications for Minors with Tattoos
The matter of tattooing someone underage of may have legal and social implications for both the minor in question as well as the tattoo artist who commits the act. In many states, these social or legal consequences may not apply to minors. Mostly, if they are tattooed underage, it would be the responsibility and liability of their parent or guardian. The artist, however, could be severely reprimanded and even fined by local authorities if the underage tattooing is discovered.
With towns and cities developing their own specific ordinances about the legal age to receive a tattoo, there are consequences that only certain localities are doling out to protect the welfare of minors. On the other side of the coin, if an adult artist is caught giving out tattoos to minors and refuses to discontinue tattooing underage individuals , this too could result in hefty fines or even jail time when small penalties are ignored.
The state of New York, for instance, has called out tattoo parlors and artists who compromise the welfare of children and teens by providing them with services that are legally prohibited. In this way, legal ramifications can come into play when it comes to restricting tattoo services to individuals 18 years of age or older. In Rhode Island, this is taken so seriously that any tattoo artist caught in the act of these violations, will be subject to fines of up to $500 or even imprisonment ranging from 1.5 years to 3 years for violations. The state of Texas has a similar law on the books that protects minors and protects legitimate artists who do the right thing.
Finding a Trusted and Skilled Tattoo Shop
Selecting a legal and reputable tattoo studio is essential to ensure compliance with the legal age requirement and to enjoy a safe and healthy tattoo experience. A good tattoo artist will be able to provide you with expert advice on tattoo placement and design, and will help you choose an idea that will stand the test of time. Experienced tattoo professionals are well-trained to deal with clients of all ages, so don’t be shy or embarrassed to ask the right questions, such as:
· Can I see your license and certifications?
· Where did you get your tattoo training?
· How long have you been a tattoo artist?
· How long have you worked at this facility?
Any reputable tattoo artist will be more than happy to answer your questions and provide you with all the information you need to feel comfortable with your decision. Sophisticated studios go to great lengths to ensure their facility is licensed, properly trained and regulated.
When you see the "licensed" sign, it means the facility has been inspected by a health department official and met the rigorous standards set forth by the health department. The health department enforces rules that manage tattoo shops, including instruction on safe piercing and tattooing techniques, sanitation and disinfection of equipment, proper disposal of needles, and infection control procedures. Typically, the tattoo artist must complete training courses from an accredited training program or organization and then pass a written exam and practical skills tests in front of officials from the health department.
Reputable tattoo studios can also be found at accredited schools for the arts and fashion institutes. These schools offer additional training in new techniques and technology, as well as training in business practices, and where applicable, updated health and safety regulations for the artist and the industry. You can usually spot these studios by their formal-looking training certificates on display in the lobby and their updated websites and studios.
In addition to finding a licensed and trained tattoo artist, ensure you choose a studio that is clean, has a professional appearance, the artist uses new equipment and supplies for each tattoo, and uses an autoclave sterilization machine for cleaning and sterilizing all equipment and surfaces that comes in contact with blood, such as counters, suction tubes, and other equipment.
Frequently Asked Questions on Tattoo Age Law
Some people simply do not realize that getting a tattoo has certain legalities and restrictions concerning age. Some of the most common questions about the legal age to get a tattoo are discussed below:
Q: Do tattoo laws vary from state to state?
A: Yes, but the majority of states allow tattoo artists and studios to use their discretion when dealing with age restrictions. There are some states with stricter laws, but most simply require a parent or legal guardian to be present when consent is given.
Q: Is there an age at which all states require a parent to be present?
A: No. Thirteen states and the District of Columbia require parental consent for someone under 18 to get a tattoo. Even then, certain jurisdictions allow tattoo artists to use their own discretion.
Q: Are there any exceptions to the laws?
A: Yes. Some tattoo artists and studios can legally administer tattoos to people who are under the legal age, but have consent from a parent or guardian. In some instances , the tattoo artist can simply deny tattoo requests from people under 18 and therefore not be subject to the laws that govern the minimum age.
Q: Are piercings included in the same laws as tattoos?
A: No. Piercings are considered a body modification that falls under a different set of laws. In some states, approved piercings that do not include the genitals or the interior of the mouth may be approved for children as young as 8.
But strikingly similar to the laws for tattoos, most states require consent from a parent or legal guardian to pierce a minor’s body.
Q: Can I get a tattoo if I am under the age of 14?
A: That depends on the laws on tattoos in your state. Some states only allow tattoos if you are 14. Others require you to be at least 16 years old. Be sure to check your own state legislation to determine what is allowed so you do not end up with a criminal record for violating the law in obtaining a tattoo.