How Old Do You Have to Be to Get a Tattoo? Complete 50-State Guide
Are you thinking about getting inked up? You’re not alone, with the Pew Research Center reporting that 32% of Americans have one tattoo and 22% have multiple tattoos. But what if you’re underage?
That’s where the law gets hazy because it depends entirely on where you live. No legislation regulating tattoos exists at the federal level. However, most states have some provisions in place for dealing with minors who want to get tattoos.
In this guide, we discuss the state of play in all 50 states to help you determine what you need to do if you or your teen wants to get tattooed.
Key Takeaways
- The minimum legal age to receive a tattoo in any state without parental consent is 18 due to minors being unable to provide legal consent or enter into contracts.
- No federal laws govern tattooing of a certain age. Instead, tattoo age laws by state vary. For example, 45 states allow minors to get tattoos with the appropriate consent. Beware that shops may place additional restrictions on tattooing, including refusing to service minors entirely.
- Teens should carefully consider whether a tattoo is right for them, with the support of their parents or guardians. Take into account issues like infections, allergic reactions, and permanence.
- Always select tattoo shops and body piercing facilities with the proper licenses, a strong reputation for hygiene, and a high standard of care.
- Speak to an personal injury lawyer if you were injured due to artist negligence.
Minimum Legal Age to Get a Tattoo: State-by-State Laws
The minimum age for getting a tattoo is generally 18 in every state. The idea behind this law is the legal principle that a minor cannot provide informed consent or enter into a legal contract. However, you’ll be happy to know that most states allow minors to get a tattoo with parental consent.
This situation isn’t as uncommon as many think. According to Johns Hopkins Medicine, 10-23% of adolescents have tattoos, and 50% of high schoolers without tattoos expressed interest in getting one.
Each state makes its own rules, which is where things get confusing. Here’s a breakdown of the rules in all 50 states.
| State Name | Minimum Age | Consent | Restrictions for Minors |
|---|---|---|---|
| Alabama | No specific minimum age | A parent or legal guardian has to sign an informed written consent form in front of the tattoo artist | None |
| Alaska | 18 years old | A parent or guardian must provide written consent and be present | None |
| Arizona | No specific minimum age | The parent or guardian must be physically present during the procedure | None |
| Arkansas | 18 years old | Parental consent is not allowed; minors cannot get tattoos | No exceptions. Tattooing minors is illegal. |
| California | 18 years old | No tattoos are allowed for minors, even with parental consent | No tattoos are allowed for minors, even with parental consent |
| Colorado | 18 years old | Written parental consent is required for minors | No tattoos for minors under 16 |
| Connecticut | 18 years old | No parental consent is allowed for minors | Only licensed physicians can perform tattoos on minors |
| Delaware | 18 years old | Written consent is required from a parent or guardian | No tattooing is allowed for minors under 18, and there are no exceptions |
| Florida | 16 years old | If you’re 16 or 17, you need a notarized note from a parent or guardian, and they must be there with you | Under 16 can’t get tattooed, period |
| Georgia | 18 years old | No tattoos for anyone under 18, no matter what | None |
| Hawaii | 18 years old | A minor can get a tattoo if there’s written consent from a parent or guardian, who must be there in person | This could vary by county rules |
| Idaho | 14 years old | If you’re 14 to 17, you can get a tattoo if your parent or guardian signs and is present | Under 14 is off-limits |
| Illinois | 18 years old | No tattoos for those under 18, even with parental approval | None |
| Indiana | 18 years old | A minor can only be tattooed if they have written consent and a parent or guardian is present | This may vary depending on local health department rules |
| Iowa | 18 years old | No tattoos for anyone under 18, regardless of parental consent | None |
| Kansas | 18 years old | If you’re under 18, you can get a tattoo with a notarized note from a parent or guardian, who also has to be there | None |
| Kentucky | 18 years old | Minors under 18 can get a tattoo if there’s written, notarized consent from a parent or guardian who’s present | Under 16 is completely prohibited |
| Louisiana | 18 years old | No tattoos for those under 18, even with a parent’s written permission | None |
| Maine | 18 years old | Under 18 cannot be tattooed, period | None |
| Maryland | 18 years old | A minor can get a tattoo if they have written consent from a parent or guardian, who must be there | Some counties might have stricter rules |
| Massachusetts | 18 years old | Under 18 cannot be tattooed, no matter what the parents say | None |
| Michigan | No specific minimum age | Parent or guardian consent must be written and signed in front of the artist or their employee | No tattooing, branding, or piercing of a minor without consent |
| Minnesota | 18 years old | Under 18 cannot get a tattoo, even if a parent agrees | Tattoos are off-limits for minors |
| Mississippi | 18 years old | No tattoos for those under 18, regardless of parental permission | None |
| Missouri | 18 years old | A minor under 18 can get tattooed if there’s written consent from a parent or guardian who’s present | Under 14 is prohibited |
| Montana | 18 years old | Under 18 can’t get a tattoo, period | None |
| Nebraska | 18 years old | If you’re under 18, you can get a tattoo with written consent from a parent or guardian, who must be there | None |
| Nevada | 18 years old | Under 18 can’t get tattooed, even with parental permission | None |
| New Hampshire | 18 years old | Under 18 can’t get tattooed, regardless of consent | None |
| New Jersey | 18 years old | Under 18s can’t get a tattoo, no matter what | None |
| New Mexico | 18 years old | Under 18 can get a tattoo if a parent or guardian gives written consent and is present | Under 14 is prohibited |
| New York | 18 years old | Under 18 can’t get a tattoo, even if parents say yes | None |
| North Carolina | 18 years old | Under 18s can’t get a tattoo under any circumstances | None |
| North Dakota | 18 years old | A minor under 18 can be tattooed if there’s written consent from a parent or guardian who’s present | Under 16 is a no-go |
| Ohio | No specific minimum age | A minor's Ohio parent, guardian, or custodian must show up in person and sign paperwork that explains the procedure and aftercare | No tattooing or piercing minors without parental consent |
| Oklahoma | 18 years old | Under 18 can’t get tattooed, even with the consent of a minor's Oklahoma parent | None |
| Oregon | 18 years old | No tattoos for minors, even if a parent approves | Certain piercings are allowed with consent, but genital or nipple piercings are off-limits. |
| Pennsylvania | No specific minimum age | A minor's Pennsylvania parent or guardian must be there and agree to it | Local rules might be stricter |
| Rhode Island | 18 years old | Under 18 can’t be tattooed, even if parents say yes (though piercings are allowed with consent) | None |
| South Carolina | 18 years old | No tattoos for those under 18, even if parents allow it | None |
| South Dakota | No specific minimum age | A minor needs a parent or guardian’s signed permission | Tattooing a minor without consent is a Class 2 misdemeanor |
| Tennessee | 18 years old | If you’re at least 16, you can get a tattoo to cover up an existing one, as long as a parent or guardian is there and consents | Under 16 is prohibited, even with the agreement of a minor's Tennessee parent |
| Texas | 18 years old | A minor can only get a tattoo to cover up an offensive, gang-related, or drug-related tattoo, with a parent or guardian present who signs an affidavit | Not allowed otherwise, even with a minor's Texas parent giving consent |
| Utah | 18 years old | A minor may get a tattoo if a parent or guardian agrees | Specific rules might vary locally |
| Vermont | 18 years old | Under 18 can’t get tattooed, period | None |
| Virginia | 18 years old | A minor can get a tattoo, but a minor's Virginia parent or guardian must be there and agree | Local rules might be stricter |
| Washington | 18 years old | Under 18 cannot get tattooed, even if parents say okay | None |
| West Virginia | No specific minimum age | This must be in writing, and the parent or guardian must be present | Local jurisdictions might add extra rules |
| Wisconsin | 18 years old | Under 18 cannot be tattooed, no matter what | None |
| Wyoming | No specific minimum age | A parent or guardian must give verbal permission and be there during the procedure | None |
Alabama
Minimum Age — No specific minimum age with prior written informed consent.
Consent — A parent or legal guardian has to sign an informed written consent form in front of the tattoo artist.
Restrictions for Minors — Ear piercings are exempt from body art laws.
Restrictions for Intoxicated Individuals — No tattooing for anyone under the influence.
Governing Statutes — Ala. Code § 22-1-17A.
Alaska
Minimum Age — 18 years old.
Consent — A parent or guardian must provide written consent and be present.
Restrictions for Minors — Piercings are allowed with parental consent.
Restrictions for Intoxicated Individuals — No specific restrictions.
Governing Statutes — Alaska Stat. § 08.13.217.
Arizona
Minimum Age — No specified minimum age with parental consent.
Consent — The parent or guardian must be physically present during the procedure.
Restrictions for Minors — Ear piercings and medical procedures prescribed by a healthcare provider are allowed.
Restrictions for Intoxicated Individuals — No specific rules.
Governing Statutes — Ariz. Rev. Stat. § 13-3721.
Arkansas
Minimum Age — 18 years old.
Consent — Parental consent is not allowed; minors cannot get tattoos.
Restrictions for Minors — No exceptions. Tattooing minors is illegal.
Restrictions for Intoxicated Individuals — No tattooing while intoxicated.
Governing Statutes — Ark. Stat. Ann. §§ 20-27-1501 et seq.
California
Minimum Age — 18 years old.
Consent — Parents must be present for minor piercings.
Restrictions for Minors — No tattoos are allowed for minors, even with parental consent.
Restrictions for Intoxicated Individuals — No specific laws against tattooing intoxicated individuals.
Governing Statutes — Cal. Health & Safety Code § 119300-119328; Cal. Penal Code 653.
Colorado
Minimum Age — 18 years old.
Consent — Written parental consent is required for minors.
Restrictions for Minors — No tattoos for minors under 16.
Restrictions for Intoxicated Individuals — No tattooing while intoxicated.
Governing Statutes — Colo. Rev. Stat. § 25-4-2101.
Connecticut
Minimum Age — 18 years old.
Consent — No parental consent is allowed for minors.
Restrictions for Minors — Only licensed physicians can perform tattoos on minors.
Restrictions for Intoxicated Individuals — No tattooing while intoxicated.
Governing Statutes — Conn. Gen. Stat. §19a-92a.
Delaware
Minimum Age — 18 years old.
Consent — Written consent is required from a parent or guardian.
Restrictions for Minors — No tattooing is allowed for minors under 18, and there are no exceptions.
Restrictions for Intoxicated Individuals — No tattooing while under the influence.
Governing Statutes — Del. Code Ann. tit. 16, §122(3)(u).
Florida
Minimum Age — 16
Consent — If you’re 16 or 17, you need a notarized note from a parent or guardian, and they must be there with you.
Restrictions for Minors — Under 16 can’t get tattooed, period.
Restrictions for Intoxicated Individuals — Not allowed to tattoo anyone under the influence.
Governing Statutes — Fla. Stat. § 381.00787; Fla. Admin. Code 64E-28.
Georgia
Minimum Age — 18
Consent — No tattoos for anyone under 18, no matter what.
Restrictions for Minors — Zero exceptions.
Restrictions for Intoxicated Individuals — Not allowed to tattoo someone who’s intoxicated.
Governing Statutes — O.C.G.A. § 16-5-71; Ga. DPH Rules 511-3-8.
Hawaii
Minimum Age — 18
Consent — A minor can get a tattoo if there’s written consent from a parent or guardian, who must be there in person.
Restrictions for Minors — This could vary by county rules.
Restrictions for Intoxicated Individuals — Prohibited from tattooing someone who’s intoxicated.
Governing Statutes — Haw. Admin. Rules Title 11, Chapter 17.
Idaho
Minimum Age — 14
Consent — If you’re 14 to 17, you can get a tattoo if your parent or guardian signs and is present.
Restrictions for Minors — Under 14 is off-limits.
Restrictions for Intoxicated Individuals — Nothing at the state level, but local ordinances might apply.
Governing Statutes — Idaho Code § 18-1523.
Illinois
Minimum Age — 18
Consent — No tattoos for those under 18, even with parental approval.
Restrictions for Minors — Absolutely no exceptions.
Restrictions for Intoxicated Individuals — Can’t tattoo intoxicated individuals.
Governing Statutes — 410 ILCS 54/1 et seq.; Ill. Admin. Code Title 77, Part 797.
Indiana
Minimum Age — 18
Consent — A minor can only be tattooed if they have written consent and a parent or guardian is present.
Restrictions for Minors — This may vary depending on local health department rules.
Restrictions for Intoxicated Individuals — Prohibited from tattooing intoxicated people.
Governing Statutes — Ind. Code § 35-42-2-7; 410 IAC 1-5.
Iowa
Minimum Age — 18
Consent — No tattoos for anyone under 18, regardless of parental consent.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Can’t tattoo intoxicated folks.
Governing Statutes — Iowa Code § 135.37; Iowa Admin. Code 641-22.
Kansas
Minimum Age — 18
Consent — If you’re under 18, you can get a tattoo with a notarized note from a parent or guardian, who also has to be there.
Restrictions for Minors — Ear piercing is exempt from these rules.
Restrictions for Intoxicated Individuals — No tattooing or body piercing if the client is inebriated or incapacitated.
Governing Statutes — Kan. Stat. Ann. §§ 65-1940 to 65-1954; Kan. Admin. Regs. § 69-15-15.
Kentucky
Minimum Age — 18
Consent — Minors under 18 can get a tattoo if there’s written, notarized consent from a parent or guardian who’s present.
Restrictions for Minors — Under 16 is completely prohibited.
Restrictions for Intoxicated Individuals — No tattooing if the person is under the influence of alcohol or drugs.
Governing Statutes — Ky. Rev. Stat. § 211.760; 902 KAR 45:065.
Louisiana
Minimum Age — 18
Consent — No tattoos for those under 18, even with a parent’s written permission.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s intoxicated.
Governing Statutes — La. Rev. Stat. § 14:93.2; La. Admin. Code Title 51, Part XXIV.
Maine
Minimum Age — 18
Consent — Under 18 cannot be tattooed, period.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Prohibited to tattoo if someone is intoxicated.
Governing Statutes — Me. Rev. Stat. Title 32, § 4203.
Maryland
Minimum Age — 18
Consent — A minor can get a tattoo if they have written consent from a parent or guardian, who must be there.
Restrictions for Minors — Some counties might have stricter rules.
Restrictions for Intoxicated Individuals — No tattooing if you’re intoxicated.
Governing Statutes — Md. Code, Health-General § 20-106.
Massachusetts
Minimum Age — 18
Consent — Under 18 cannot be tattooed, no matter what the parents say.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — You can’t tattoo if someone’s intoxicated.
Governing Statutes — Mass. Gen. Laws ch. 112, § 2.
Michigan
Minimum Age — No specified minimum if a parent or guardian consents.
Consent — Must be written and signed in front of the artist or their employee.
Restrictions for Minors — No tattooing, branding, or piercing of a minor without consent.
Restrictions for Intoxicated Individuals — No tattooing if the person is under the influence of alcohol or drugs.
Governing Statutes — Mich. Comp. Laws §§ 333.13101–333.13112.
Minnesota
Minimum Age — 18
Consent — Under 18 cannot get a tattoo, even if a parent agrees.
Restrictions for Minors — Tattoos are off-limits for minors; some piercings are allowed with parental consent (but not nipple/genital piercings).
Restrictions for Intoxicated Individuals — You can’t perform body art if the client is under the influence.
Governing Statutes — Minn. Stat. ch. 146B.
Mississippi
Minimum Age — 18
Consent — No tattoos for those under 18, regardless of parental permission.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Not allowed to tattoo intoxicated individuals.
Governing Statutes — Miss. Code Ann. § 73-61-1 et seq.
Missouri
Minimum Age — 18
Consent — A minor under 18 can get tattooed if there’s written consent from a parent or guardian who’s present.
Restrictions for Minors — Under 14 is prohibited.
Restrictions for Intoxicated Individuals — No tattooing if the person is under the influence.
Governing Statutes — Mo. Rev. Stat. §§ 324.520–324.526.
Montana
Minimum Age — 18
Consent — Under 18 can’t get a tattoo, period.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Prohibited from tattooing someone who’s intoxicated.
Governing Statutes — Mont. Code Ann. § 50-48-101 et seq.
Nebraska
Minimum Age — 18
Consent — If you’re under 18, you can get a tattoo with written consent from a parent or guardian, who must be there.
Restrictions for Minors — Under 16 is off-limits, even with consent.
Restrictions for Intoxicated Individuals — Not allowed to tattoo someone under the influence.
Governing Statutes — Neb. Rev. Stat. § 38-10,165; § 38-1010.
Nevada
Minimum Age — 18
Consent — Under 18 can’t get tattooed, even with parental permission.
Restrictions for Minors — No exceptions
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s intoxicated.
Governing Statutes — Regulations vary by county or city.
New Hampshire
Minimum Age — 18
Consent — Under 18 can’t get tattooed, regardless of consent.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Prohibited to tattoo if the person is intoxicated.
Governing Statutes — N.H. Rev. Stat. Ann. § 314-A:8.
New Jersey
Minimum Age — 18
Consent — Under 18s can’t get a tattoo, no matter what.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Not allowed to tattoo intoxicated individuals.
Governing Statutes — N.J. Admin. Code § 8:27-1 et seq.
New Mexico
Minimum Age — 18
Consent — Under 18 can get a tattoo if a parent or guardian gives written consent and is present.
Restrictions for Minors — Under 14 is prohibited.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s under the influence.
Governing Statutes — N.M. Stat. Ann. § 61-17B-1 et seq.
New York
Minimum Age — 18
Consent — Under 18 can’t get a tattoo, even if parents say yes.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Tattooing intoxicated individuals is prohibited.
Governing Statutes — N.Y. Public Health Law §§ 460–466.
North Carolina
Minimum Age — 18
Consent — Under 18s can’t get a tattoo under any circumstances.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s intoxicated.
Governing Statutes — N.C. Gen. Stat. § 14-400.
North Dakota
Minimum Age — 18
Consent — A minor under 18 can be tattooed if there’s written consent from a parent or guardian who’s present.
Restrictions for Minors — Under 16 is a no-go.
Restrictions for Intoxicated Individuals — Not allowed to tattoo if they’re under the influence.
Governing Statutes — N.D. Cent. Code § 23-01-42.
Ohio
Minimum Age — No set minimum if a parent or guardian consents.
Consent — A minor's Ohio parent, guardian, or custodian must show up in person and sign paperwork that explains the procedure and aftercare.
Restrictions for Minors — No tattooing or piercing minors without parental consent.
Restrictions for Intoxicated Individuals — Not allowed to tattoo or pierce someone under the influence.
Governing Statutes — Ohio Rev. Code ch. 3730; Ohio Admin. Code ch. 3701-9.
Oklahoma
Minimum Age — 18
Consent — Under 18 can’t get tattooed, even with the consent of a minor's Oklahoma parent.
Restrictions for Minors — No exceptions for tattoos (minors can get piercings with written consent and a parent present)
Restrictions for Intoxicated Individuals — No tattooing or piercing if the client is intoxicated
Governing Statutes — Okla. Stat. tit. 21, § 842.1 et seq.
Oregon
Minimum Age — 18
Consent — No tattoos for minors, even if a parent approves.
Restrictions for Minors — Certain piercings are allowed with consent, but genital or nipple piercings are off-limits.
Restrictions for Intoxicated Individuals — Not allowed if they’re under the influence.
Governing Statutes — Or. Rev. Stat. § 690.350 et seq.
Pennsylvania
Minimum Age — No official minimum if a parent or guardian consents.
Consent — A minor's Pennsylvania parent or guardian must be there and agree to it.
Restrictions for Minors — Local rules might be stricter.
Restrictions for Intoxicated Individuals — You can’t tattoo or pierce someone who’s intoxicated.
Governing Statutes — 18 Pa. Cons. Stat. § 6311.
Rhode Island
Minimum Age — 18
Consent — Under 18 can’t be tattooed, even if parents say yes (though piercings are allowed with consent).
Restrictions for Minors — No exceptions for tattoos.
Restrictions for Intoxicated Individuals — Not allowed to tattoo or pierce if the client is intoxicated.
Governing Statutes — R.I. Gen. Laws §§ 23-1-39; 11-9-15.
South Carolina
Minimum Age — 18
Consent — No tattoos for those under 18, even if parents allow it.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s intoxicated.
Governing Statutes — S.C. Code Ann. § 44-34-10 et seq.
South Dakota
Minimum Age — There’s no specific minimum under state law.
Consent — A minor needs a parent or guardian’s signed permission.
Restrictions for Minors — Tattooing a minor without consent is a Class 2 misdemeanor.
Restrictions for Intoxicated Individuals — You can’t tattoo anyone who’s under the influence of alcohol or drugs.
Governing Statutes — S.D. Codified Laws § 26-10-19; ARSD 44:12.
Tennessee
Minimum Age — 18
Consent — If you’re at least 16, you can get a tattoo to cover up an existing one, as long as a parent or guardian is there and consents.
Restrictions for Minors — Under 16 is prohibited, even with the agreement of a minor's Tennessee parent.
Restrictions for Intoxicated Individuals — No tattooing if the client is impaired by alcohol or drugs.
Governing Statutes — Tenn. Code §§ 62-38-201 to 62-38-310.
Texas
Minimum Age — 18
Consent — A minor can only get a tattoo to cover up an offensive, gang-related, or drug-related tattoo, with a parent or guardian present who signs an affidavit.
Restrictions for Minors — Not allowed otherwise, even with a minor's Texas parent giving consent.
Restrictions for Intoxicated Individuals — You can’t tattoo someone under the influence.
Governing Statutes — Tex. Health & Safety Code Ann. § 146.
Utah
Minimum Age — 18
Consent — A minor may get a tattoo if a parent or guardian agrees.
Restrictions for Minors — Specific rules might vary locally.
Restrictions for Intoxicated Individuals — No tattooing if the person is under the influence.
Governing Statutes — Utah Code Ann. § 76-10-2201.
Vermont
Minimum Age — 18
Consent — Under 18 can’t get tattooed, period.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Not allowed to tattoo someone who’s intoxicated.
Governing Statutes — Vt. Stat. Title 26, §§ 4101 et seq.
Virginia
Minimum Age — 18
Consent — A minor can get a tattoo, but a minor's Virginia parent or guardian must be there and agree.
Restrictions for Minors — Local rules might be stricter.
Restrictions for Intoxicated Individuals — No tattooing if someone is under the influence.
Governing Statutes — Va. Code §§ 54.1-700 et seq.
Washington
Minimum Age — 18
Consent — Under 18 cannot get tattooed, even if parents say okay.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s under the influence of alcohol or drugs.
Governing Statutes — RCW 18.300; WAC 246-145.
West Virginia
Minimum Age — No set minimum if a parent or guardian consents.
Consent — This must be in writing, and the parent or guardian must be present.
Restrictions for Minors — Local jurisdictions might add extra rules.
Restrictions for Intoxicated Individuals — You can’t tattoo someone who’s under the influence.
Governing Statutes — W. Va. Code §§ 16-38-1 et seq.
Wisconsin
Minimum Age — 18
Consent — Under 18 cannot be tattooed, no matter what.
Restrictions for Minors — No exceptions.
Restrictions for Intoxicated Individuals — Not allowed to tattoo someone who’s under the influence.
Governing Statutes — Wis. Stat. §§ 252.23, 948.70.
Wyoming
Minimum Age — No specific minimum if a parent or guardian approves.
Consent — A parent or guardian must give verbal permission and be there during the procedure.
Restrictions for Minors — Procedures done under a physician’s supervision and ear piercings don’t count as “body art.”
Restrictions for Intoxicated Individuals — No specific rule on intoxication.
Governing Statutes — Wyo. Stat. § 14-3-107.
Summary of Tattoo Laws in the United States
Most states set a hard age limit of 18, but various states enable minors to get tattooed at a younger age with parental consent. However, individual tattoo businesses also have additional protections enabling them to refuse service for moral and ethical reasons.
Some examples of these extra restrictions include:
- Refusing all clients under a specific age, regardless of consent.
- Limiting the type of tattoo they are willing to provide.
- Limiting the location of the tattoo.
- Refusing to provide artwork they consider offensive.
- Refusing to tattoo clients they believe are intoxicated.
In many cases, tattooers claim that any personal business restrictions they have are actually laws when, in fact, this isn’t the case. They simply don’t want an argument with prospective clients. That’s one of the reasons why there’s so much confusion over tattoo laws by state, and especially laws related to tattooing minors.
The Risks and Implications of Underage Tattooing
Underage tattooing has consequences for both minors and the artists themselves. Awareness of your state’s rules is critical to ensuring you’re not doing something illegal. Furthermore, teens themselves should also be aware of what getting a tattoo means so they don’t do something they’ll regret later.
Let’s start with the implications of underage tattooing for minors:
- Infection Risk – Since tattoos involve needles and ink penetrating the skin, there’s a risk of infection. Remember, 72% of states don’t properly regulate sanitation and infection control in the tattooing business, according to HealthyChildren.org. Some infections you might be left with include staph infections and hepatitis B.
- Allergic Reactions – Some people are allergic to tattoo ink, especially when working with red and yellow shades. These reactions could result in rashes, swelling, or even permanent scarring.
- Regret – It’s no secret that many teens want tattoos because of a trend or because their friends have them. What seems cool at 16 might not be as cool at age 25, and laser tattoo removal is expensive and painful.
Artists and tattoo businesses also face significant risks when dealing with minors. The penalties for not following the rules can be strict, including losing your license and criminal charges. For more details on potential legal consequences, read our article on criminal negligence penalties.
So, what are the potential implications of breaching the laws on underage tattooing?
- Artist Penalties – Artists caught violating these laws face a variety of penalties. You could face fines, losing your license, or even criminal charges.
- Lawsuits – Minors tattooed without consent could result in the artist facing lawsuits. Parents may take action against the artist or the business, where they could receive damages for negligence and causing harm.
States that do allow minors to be tattooed with content usually impose record-keeping and age-verification requirements on artists. Not only do artists have to confirm the customer’s age, but they must also follow strict record-keeping regulations, such as maintaining detailed records of IDs.
Communicating With Your Teen About Tattoos
Inevitably, parents will have to confront the topic of body modification with their teens. Knowing how to talk about tattoos with your child is crucial to both educate and ensure their safety.
Of course, parents with children under 18 can stick to their guns and say no without discussing the issue, but this can create long-term relationship strains. Moreover, an adolescent who wants a tattoo badly enough will find a way, even if it means getting one illegally.
Follow these recommendations from the American Academy of Pediatrics to deal with the issue:
- Be Pre-Emptive – Start the discussion yourself if your teen brings up the subject of tattoos. Use this opportunity to talk to them about their decision and how it should be handled safely.
- Be Non-Confrontational – The best way to get through to any teen is to discuss the issue in a non-confrontational manner. Teens can be as stubborn and mean as a wharf rat, and starting a shouting match will not help. Instead, give your teen the facts so they can make an informed decision.
- Be Honest – Don’t try to use scare tactics or impose your own moral code. Remember, once they turn 18, the decision is legally theirs. Instead, emphasize the permanence of their decision or advise them to wait until they’re older.
None of these tips imply that you must agree with your teen’s decision or provide your consent. It’s about education and getting your teen to think about what they want and ensure that this is what they really want.
Always Stick to Legal and Reliable Tattoo Artists
Don’t opt for the first tattoo artist you come across because they’re cheap or close to your house. Every artist has a unique style, level of professionalism, and a different standard of technical skill. More importantly, hygiene and safety must be at the top of your list because this is how you prevent infections and other complications.
In practically the entire U.S., tattooists must be properly licensed and have their license visible and available for inspection when you visit. Of course, there are countless unlicensed amateurs and illegal tattooists your teen might be tempted by because of the cost, but this can have disastrous results.
Not only could you end up with a tattoo that you hate, but you could also be hit with a variety of bloodborne diseases due to poor hygiene standards. It’s another reason why it’s worth speaking to your teen in advance to ensure they don’t react by making a catastrophic decision.
Unsure where to begin your search? Follow these tips:
- Begin your search online using search engines and review platforms.
- Ask for recommendations from friends and family members who already have tattoos.
- Pay a visit to the tattoo parlor in person.
- Meet the artist themselves for a consultation about the tattoo you want.
Finally, don’t opt for the first artist you find on social media. Build a shortlist of options and don’t be afraid to travel if you’ve found a more reputable artist the next town over. Remember, it’s worth the extra trip for something that will be permanent.
What Happens If You Get a Tattoo Underage?
The punishments for tattooing a minor without consent depend on the state you live in. Most states classify it as a misdemeanor, meaning the artist could go to jail, but the most common punishments are fines and a potential loss of your license.
Parents of minors who have been tattooed illegally could also face significant consequences. For example, California bans all minors from getting a tattoo, even with consent, so you could well face child endangerment charges if caught.
But what about minors themselves?
Typically, punishments focus on the offending artist and the parent. However, some states may also punish the minor who received the tattoo without consent. In certain states, minors can and have been punished if they lied about their age to get a tattoo.
For example, in Tennessee, a minor who lies about their age to receive a tattoo is guilty of a delinquent act. Under Tennessee’s laws, they can be fined up to $250 and given at least 20 hours of community service.
Legal Recourse for Tattoo-Related Injuries
Tattoo-related injuries create a potential liability that enables you to seek legal recourse. If you suffer an injury from a negligent tattoo artist, you can file a personal injury claim against them.
Examples of compensation you can claim include:
- Medical expenses
- Pain and suffering
- Long-term scarring and disfigurement
For an idea of what you might expect in a claim, check out our post on the average personal injury settlement in Texas. Choosing a tattoo and not liking it isn’t grounds to file a lawsuit, but injuries caused by improperly using equipment, not informing you about the risks, and poor hygiene practices are.
If you believe that you or your child was injured due to a negligent tattoo artist, get in touch with an experienced personal injury attorney for your free case consultation.
Things to Consider Before Getting a Tattoo as a Teen
Getting a tattoo at any age is a monumental decision because it’s a permanent mark on your skin. Never get a tattoo because of a trend or because someone you know has one. Plus, the American Academy of Pediatrics recommends not getting a tattoo before 18 as the skin is still growing.
On the other hand, if you’re determined to get a tattoo anyway, here’s what to consider before making your final decision:
- Choose the right shop. Take the time to choose your shop and speak to the artist in advance. The connection between the artist and the client is more important than you think.
- Give yourself some breathing space before finalizing your tattoo. Think about your proposed design and the idea of getting a tattoo for at least a week or two first.
- Think about the social implications of getting a tattoo. For example, if you aspire to become a doctor or a lawyer, consider whether having a tattoo in a highly visible location could hold you back.
- Meditate on the permanence of your tattoo. Any piece of art is something you must live with for years to come. That’s why it’s well worth watching some episodes of a show like Tattoo Nightmares to see what happens when people make hasty decisions.
- Familiarize yourself with proper aftercare and maintaining your tattoo over time. Are you mature enough to commit to it?
Tattoo Laws FAQs
Can I travel to another state to get a tattoo with prior written consent?
Yes, you can. No restrictions exist on your ability to travel to another state where the age requirement may be lower than where you live. However, you’ll still need to follow that state’s rules, and written consent from a parent or guardian is required by all states that allow the tattooing of minors.
What if I can’t get parental or guardian consent?
Unfortunately, there’s no way around this problem. If your parent or guardian won’t provide consent, there’s nothing you can do. No state allows the tattooing of minors without consent. The only legal option is to wait until you’re 18, when you no longer need to obtain consent.
What’s the youngest age you can get a tattoo in the U.S.?
All states require you to be at least 18 before you can get a tattoo without consent. However, states have different age limits when parental consent is provided. Currently, the state with the youngest age limit is Idaho, which allows tattooing for minors as young as 14.
Note that Idaho allows 14-year-olds to get tattoos with consent, but the parent or guardian must be present while they get the tattoo.
