Question: Is It A Crime To Allow A 10-year-old Child To Get A Tattoo In The State Of Indiana?
Answer: Yes. See below.
In Ohio, a mom who is 34 years old was arrested for taking and watching her 10-year-old son to get a tattoo by a tattoo artist that was also under the age of 18. The tattooing of this child may have even at the minor tattoo artist’s home. It is alleged that the mom allowed the tattoo since the boy begged no stop about getting one. There is an on-line video from September 24th showing the tattooing happening while the child is on the mom’s lap. In the State of Ohio, it is a 1st degree misdemeanor to allow the tattoos of a child which is similar to Indiana Law. In Indiana, it is also clear that the tattoo artist could also be charged with a crime:
35-45-21-4 Tattooing or body piercing a minor; penalty
Sec. 4. (a) As used in this section, “tattoo” means:
(1) any indelible design, letter, scroll, figure, symbol, or other mark placed with the aid of needles or other instruments; or
(2) any design, letter, scroll, figure, or symbol done by scarring; upon or under the skin.
(b) As used in this section, “body piercing” means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.
(c) Except as provided in subsection (e), a person who recklessly, knowingly, or intentionally provides a tattoo to a person who is less than eighteen (18) years of age commits tattooing a minor, a Class A misdemeanor.
(d) This subsection does not apply to an act of a health care professional (as defined in IC 16-27-2-1) licensed under IC 25 when the act is performed in the course of the health care professional’s practice. Except as provided in subsection (e), a person who recklessly, knowingly, or intentionally performs body piercing upon a person who is less than eighteen (18) years of age commits body piercing a minor, a Class A misdemeanor.
(e) A person may provide a tattoo to a person who is less than eighteen (18) years of age or perform body piercing upon a person who is less than eighteen (18) years of age if a parent or legal guardian of the person receiving the tattoo or undergoing the body piercing:
(1) is present at the time the tattoo is provided or the body piercing is performed; and
(2) provides written permission for the person to receive the tattoo or undergo the body piercing.
(f) Notwithstanding IC 36-1-3-8(a), a unit (as defined in IC 36-1-2-23) may adopt an ordinance that is at least as restrictive or more restrictive than this section or a rule adopted under IC 16-19-3-4.1 or IC 16-19-3-4.2.