PC 653 – Tattooing a Minor in California
Tattooing a Minor – Table of Contents
Tattoos have become a popular form of self-expression for many individuals. However, when it comes to minors, the laws surrounding tattooing are strict in California. It is crucial to understand the legalities and potential consequences to ensure compliance. In this article, we will delve into the laws and penalties associated with tattooing a minor in California.
California Penal Code 653 is the statute that addresses tattooing a minor. According to this law, it is a criminal offense to tattoo or offer to tattoo anyone under the age of 18. The code defines tattooing as the act of inserting pigment under the skin’s surface, creating a permanent mark or figure visible through the skin.
Licensed practitioners of the healing arts are exempt from this law. These professionals, such as occupational therapists, massage therapists, chiropractors, medical assistants, and acupuncturists, are not guilty of tattooing a minor if they perform procedures involving pricking the skin with a needle as part of their practice.
Tattooing a minor is considered a misdemeanor in California. If convicted, the penalties can include imprisonment in the county jail for up to six months and/or fines of up to $1,000. However, it is important to note that judges may order probation instead of jail time in certain cases.
If accused of tattooing a minor, there are possible legal defenses that can be explored. These defenses can potentially help in fighting the charges. It is crucial to consult with a criminal defense lawyer to determine the best course of action based on the specific circumstances of the case. Some common defenses include:
Lack of Tattooing: To mount a defense, it can be argued that the accused did not actually tattoo the minor. For instance, applying a temporary tattoo or drawing on the skin with an ink pen would not constitute tattooing under the law.
Licensed Practitioner of the Healing Arts: If the accused is a licensed practitioner of the healing arts, they may be exempt from PC 653 charges. This defense can be used if the tattooing was performed as part of their legitimate healthcare practice.
Piercings and Minors
While tattooing is strictly regulated for minors in California, the laws regarding piercings are slightly different. There is no minimum age requirement for getting a piercing, but there are some restrictions. Minors must have parental consent before getting their ears pierced, and a parent or guardian must be present during the procedure. However, parental consent does not extend to piercings on the genitals or nipples of minors.
Similar Charges and the Protection of Minors
California has several charges in place to protect minors from various forms of mistreatment. These charges include child abuse, child endangerment, and sex crimes against minors. Offenders who commit such crimes can face severe penalties, including fines and imprisonment.
Don’t face charges related to Tattooing a Minor, California Penal Code 653, by yourself. Contacting a defense lawyer offers prompt legal advice. Begin constructing your defense with a California criminal defense lawyer.
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