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When you think of someone giving tattoos, you likely picture a vinyl seat in a tattoo parlor, where a gloved-up tattoo artist is preparing his tattoo machine with a sterilized needle.
However, the popularity of ultra-affordable do-it-yourself tattoo kits is increasing, especially among those in their 20s and 30s, reports the San Francisco Chronicle. These kits allow intrepid artists to tattoo themselves or their friends from the often-unsanitary comfort of their own homes.
Beyond the potential health hazards presented by these DIY tattoo kits, are they legal?
Laws regulating tattoos and tattooing vary from state to state. In most states, however, in order to legally give a tattoo to another person you have to meet certain requirements, usually including a certain amount of training and registration with state or local agencies.
In California, for example, anyone performing "body art" is required to:
Violating these requirements is a misdemeanor in the Golden State and may also result in an administrative fine of up to $1,000. Penalties are likely to be similar in other states.
Most states also prohibit the tattooing of children under the age of 18, even if a parent consents.
Looking again to California, the relevant criminal law states that "neither the minor upon whom the body piercing was performed, nor the parent or guardian of that minor, nor any other minor is liable for punishment." This may mean that if a minor performs a tattoo on him or herself, or has a DIY tattoo given to him by another minor, no crime was likely committed.
The same self-tattooing standard also likely applies to adults. Generally speaking, a DIY tattoo that is done by "Y" to "Y" is probably legal, although it still doesn't seem like a very good idea.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.