(1) As used in this section: (a) "Body piercing" means the creation of an opening in the body, excluding the ear, for the purpose of inserting jewelry or other decoration. (b) "Consent of a minor's parent or legal guardian" means the presence of a parent or legal guardian during the performance of body piercing or tattooing upon the minor after the parent or legal guardian has provided: (i) reasonable proof of personal identity and familial relationship; and (ii) written permission signed by the parent or legal guardian authorizing the performance of body piercing or tattooing upon the minor. (c) "Minor" means a person younger than 18 years of age who: (i) is not married; and (ii) has not been declared emancipated by a court of law. (d) "Tattoo" means to fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars.

(a) "Body piercing" means the creation of an opening in the body, excluding the ear, for the purpose of inserting jewelry or other decoration.

(b) "Consent of a minor's parent or legal guardian" means the presence of a parent or legal guardian during the performance of body piercing or tattooing upon the minor after the parent or legal guardian has provided: (i) reasonable proof of personal identity and familial relationship; and (ii) written permission signed by the parent or legal guardian authorizing the performance of body piercing or tattooing upon the minor.

(i) reasonable proof of personal identity and familial relationship; and

(ii) written permission signed by the parent or legal guardian authorizing the performance of body piercing or tattooing upon the minor.

(c) "Minor" means a person younger than 18 years of age who: (i) is not married; and (ii) has not been declared emancipated by a court of law.

(i) is not married; and

(ii) has not been declared emancipated by a court of law.

(d) "Tattoo" means to fix an indelible mark or figure upon the body by inserting a pigment under the skin or by producing scars.

(2) A person is guilty of unlawful body piercing of a minor if the person performs or offers to perform a body piercing: (a) upon a minor; (b) without receiving the consent of the minor's parent or legal guardian; and (c) for remuneration or in the course of a business or profession.

(a) upon a minor;

(b) without receiving the consent of the minor's parent or legal guardian; and

(c) for remuneration or in the course of a business or profession.

(3) A person is guilty of unlawful tattooing of a minor if the person performs or offers to perform a tattooing: (a) upon a minor; (b) without receiving the consent of the minor's parent or legal guardian; and (c) for remuneration or in the course of a business or profession.

(a) upon a minor;

(b) without receiving the consent of the minor's parent or legal guardian; and

(c) for remuneration or in the course of a business or profession.

(4) A person is not guilty of Subsection (2) or (3), if the person: (a) has no actual knowledge of the minor's age; and (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 of age or older before the person performs the body piercing or tattooing.

(a) has no actual knowledge of the minor's age; and

(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 of age or older before the person performs the body piercing or tattooing.

(5) (a) A person who violates Subsection (2) or (3) is guilty of a class B misdemeanor. (b) The owner or operator of a business in which a violation of Subsection (2) or (3) occurs is subject to a civil penalty of $1,000 for each violation.

(a) A person who violates Subsection (2) or (3) is guilty of a class B misdemeanor.

(b) The owner or operator of a business in which a violation of Subsection (2) or (3) occurs is subject to a civil penalty of $1,000 for each violation.