How Old Do You Have to Be to Get a Tattoo in Texas?
Many of us remember our teen years and the tattoo ideas we’re now grateful never happened. As a parent, you want to protect your children from similar regrets, and as a tattoo artist, it’s vital to know and follow Texas laws to protect your license and avoid liability.
If you have questions about the laws governing when you can get a tattoo or the penalties for a tattooist who gives one illegally, you may want to consult a child injury attorney.
Texas Tattoo Laws: Age Requirements Under the Health and Safety Code
The state of Texas provides clear and specific guidelines on when a tattoo artist must deny a potential customer.
According to Sec 146.012 of the Health and Safety Code, a tattooist may not tattoo an individual under the age of 18 unless they meet the following conditions:
- The child’s legal guardian is present and gives written consent.
- The tattoo is intended to cover an obscene, offensive, or gang-related mark.
- The guardian signs an affidavit affirming their legal guardianship.
These requirements are based on a harm reduction model. This exception is designed to reduce the harm caused by offensive or dangerous tattoos placed on minors. They allow cover-ups for tattoos that may affect a child’s safety and well-being. However, aside from the specified exceptions, you must wait until you are 18 years old.
Legal Penalties for Tattooing a Minor
Tattooing a minor without meeting legal requirements is a criminal offense in Texas. Tattoo artists must verify both the age of the client and the identity of any guardian present.
Statute 146.012 says that if a minor or adult misrepresents their age or status as a legal guardian, resulting in the tattoo, they may be guilty of a class B misdemeanor. However, if the tattoo artist fails to take the appropriate steps to ensure age and identity, they may be charged with a Class A misdemeanor, according to the Texas Department of State Health Services.
Civil Liability for Illegal Tattoos
While criminal penalties are possible, they focus on punishing the wrongdoer and do not provide compensation or support for the victim. However, a tattoo artist may be vulnerable to civil lawsuits for damages caused, which can go to the victim.
The tattooist may also face administrative penalties, including investigation and license revocation. Victims may file civil lawsuits for pain and suffering caused by the tattoo, including complications such as infection or permanent scarring.
What to Do If Your Child Was Illegally Tattooed
If your child was illegally tattooed without your consent, you may need legal help determining whether to pursue a claim against the artist, tattoo shop, or their insurer.
In the personal injury world, many attorneys can handle an entire case without seeing a courtroom. While this often means a successful settlement, it may also mean they are less likely to fight the long fight. In these situations, it is essential to determine whether they are an attorney or a trial attorney and how that may align with your goals to recover damages.
It may be challenging to recover higher-value damages beyond the cost of cover-up or removal unless the tattoo is in a location that may impact the child’s ability to work or was performed in a manner that caused infection, scarring, or necessitated additional medical care.
Contact The Dallas Personal Injury Law Firm of Benton Accident & Injury Lawyers Today
If you’ve been injured in an accident in Dallas, TX, contact us for more information, please contact the experienced Dallas personal injury lawyers at Benton Accident & Injury Lawyers today. We offer free consultations.
We proudly serve in Dallas County and its surrounding areas:
Benton Accident & Injury Lawyers
1825 Market Center Blvd # 350, Dallas, TX 75207
Phone: (214) 556-8321
Hours Open: 24/7
Our firm is located near you. We have an office in Dallas.
Find us with our GeoCoordinates: 32.7950252,-96.8241861