California

How young is too young to get a tattoo or piercing in CA? What state law says

As tattoos and body piercings become more popular, you may be wondering about the rules for body art in California.

How young is too young to get inked or add ear plugs in the Golden State?

While 18 is the minimum age to get a tattoo or piercing in most states, some allow minors to be tattooed with permission from a parent or guardian.

Here’s what to know in California:

Maricelia Dominguez tattoos a client at her shop, Les Tattoos, in Rio Linda. Dominguez is born and raised in south Sacramento and has been tattooing for 9 years.
Maricelia Dominguez tattoos a client at her shop, Les Tattoos, in Rio Linda. Dominguez is born and raised in south Sacramento and has been tattooing for 9 years. Amy Marquez

What’s the minimum age to get a tattoo in California?

California law strictly prohibits anyone under the age of 18 from getting a tattoo.

Under state law, tattooing is defined as inserting “pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.”

California Penal Code 653 PC makes it a crime to tattoo — or even “offer to tattoo” — anyone age 17 or younger.

This rule doesn’t apply to “any licensed practitioner of the healing arts,” California law said, which means that acupuncturists, physical therapists and other medical personnel are allowed to use needles when treating minors.

However, they are prohibited from inking their underage patients’ skin.

Tattoo shop owner Edgar Avila touches up a tattoo for customer Sarah Duplantier at Elk Grove Tattoo on Friday, Dec. 8, 2023. Avila created the tattoos of Duplantier’s family on her leg.
Tattoo shop owner Edgar Avila touches up a tattoo for customer Sarah Duplantier at Elk Grove Tattoo on Friday, Dec. 8, 2023. Avila created the tattoos of Duplantier’s family on her leg. Paul Kitagaki Jr. pkitagaki@sacbee.com

What if a minor has permission from a parent?

In California, all minors are prohibited from receiving tattoos — even those who have permission from their parents or guardians, according to Bay Ink Tattoo Gallery in San Diego.

“California law requires you to be at least 18 years old to get a tattoo, regardless of parental consent,” tattoo artist Fabio Fontinelle wrote on Bay Ink Tattoo Gallery’s website. “Our state takes this tattoo law very seriously.”

Before receiving the service, people requesting a tattoo must show valid government-issued photo identification, as California law requires.

Tattoo shop owner Edgar Avila touches up a tattoo by another tattoo artist for customer Sarah Duplantier at Elk Grove Tattoo on Friday, Dec. 8, 2023.
Tattoo shop owner Edgar Avila touches up a tattoo by another tattoo artist for customer Sarah Duplantier at Elk Grove Tattoo on Friday, Dec. 8, 2023. Paul Kitagaki Jr. pkitagaki@sacbee.com

What is the penalty for illegally tattooing a minor?

Violating California’s state law forbidding people under 18 from getting tattooed is a misdemeanor punishable by up to six months in county jail and/or a maximum fine of $1,000, according to Shouse Law California Group.

“In lieu of jail time, a judge may order a defendant to misdemeanor probation,” the Southern California law firm said.

In addition, a tattoo parlor or artist may have their license revoked for breaking the law, according to Kraut Law Group, a Los Angeles-based law firm.

How young is too young to get a piercing in California?

In California, people under 18 years old generally need consent from a parent or guardian to get body piercings, except for earlobe piercings, according to the California Health and Safety Code.

Some businesses may have additional age or identification requirements for piercings on certain parts of the body, such as the navel, eyebrow or genitals.

Although Enigma Piercing in San Diego offers earlobe piercing for children as young as 8 years old, kids getting piercings on other body parts must be 14 or older, the Southern California body art parlor said on its website.

Enigma Piercing asks parents to have birth certificates on hand for kids 8 to 12 receiving piercings, while teenagers 17 years old and younger must show birth certificates and valid photo ID or school ID cards.

In both cases, parents with photo IDs must be present.

California’s Safe Body Art Act requires all piercings, regardless of age, to be performed in the presence of a parent or guardian.

Rafel Delalande, with Seven Doors Tattoo of London, envisions a tattoo on Shy Sniders back during the Capitol City Classic Tattoo Conventions first day Friday, May 6, 2022, at the SAFE Credit Union Convention Center in downtown Sacramento.
Rafel Delalande, with Seven Doors Tattoo of London, envisions a tattoo on Shy Sniders back during the Capitol City Classic Tattoo Conventions first day Friday, May 6, 2022, at the SAFE Credit Union Convention Center in downtown Sacramento. Xavier Mascareñas Sacramento Bee file

How to stay safe when getting a tattoo or piercing

Tattoos can come with a risk of infection if done incorrectly, according to the Centers for Disease Control and Prevention.

Here are some tips from the CDC on how to stay safe when getting inked:

  • Only use reputable tattoo parlors

  • Request inks that are manufactured specifically for tattoos

  • Be sure that tattoo artists follow appropriate hygiene practices

  • Watch for signs of infection, such as bumps, redness and open sores

Similar precautions should also be taken when getting a piercing to avoid infections, according to the Mayo Clinic.

You should make sure:

  • The piercer is wearing gloves
  • Proper equipment is used
  • Equipment is sterilized
  • Hypoallergenic jewelry is used

Kendrick Marshall
The Charlotte Observer
Kendrick Marshall is a former journalist for The Charlotte Observer.
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