§ 20-27-1502 - Unlawful to perform body art on a person under eighteen years of age. - Arkansas Statutes

20-27-1502. Unlawful to perform body art on a person under eighteen years of age.

(a) A person under eighteen (18) years of age shall not undergo body art unless:

(1) Written consent is given by the person's parent or legal guardian; and

(2) (A) The parent or legal guardian is present during the procedure.

(B) When providing written consent, the parent or legal guardian shall produce photo-bearing identification and attest in writing that the individual is the person's parent or legal guardian.

(b) Regardless of age, the person receiving the body art shall attest to the fact that he or she is not under the influence of drugs or alcohol.

(c) Printed instructions on the care of the skin and the body art shall be given to each person after the procedure, and a copy of the instructions shall be posted in a conspicuous place in the body art establishment.

(d) (1) In addition to the attestations required in subsections (a) and (b) of this section, records shall be kept of the names of all persons receiving body art and of the parents or guardians giving consent under the rules promulgated by the State Board of Health to implement this subchapter.

(2) All required signatures shall be in ink, and required records shall be available at a reasonable time for examination by the Department of Health and by local health officials.

(e) (1) Except as provided in subsection (a) of this section, it is unlawful to perform body art on a person under eighteen (18) years of age, and any person who pleads guilty or nolo contendere to or is found guilty of a violation of this subdivision (e)(1) is guilty of a Class C misdemeanor.

(2) Any person who falsely claims to be the minor's parent or legal guardian for the purpose of obtaining body art for a person under eighteen (18) years of age shall be guilty of a Class A misdemeanor.

(3) It is not a defense to a criminal prosecution under this section that at the time of the offense, the person who received the body art possessed a letter of consent from the person's parent or legal guardian if the letter was forged or if a person falsely assumed the identity of the minor's parent or legal guardian.

(f) (1) It is unlawful to perform body art on any person under eighteen (18) years of age in any unlicensed facility.

(2) A person who pleads guilty or nolo contendere to or is found guilty of a violation of subdivision (f)(1) of this section is guilty of a Class D felony.