1. (1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section.

2. (2) Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a tattooing:

   1. (a) upon a minor;
   2. (b) without receiving the consent of the minor's parent or legal guardian; and
   3. (c) for remuneration or in the course of a business or profession.
3. (3) A violation of Subsection (2) is a class B misdemeanor.
4. (4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation.

5. (5) An actor is not guilty of violating Subsection (2) if the actor:

   1. (a) has no actual knowledge of the minor's age; and
   2. (b) reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the tattooing.

Renumbered and Amended by Chapter 173, 2025 General Session