Can a minor get a tatoo or other body art in North Dakota without parental consent?

Full Question:

I want to brand a design on my left leg just below the knee. I am 16 years and my parents are not agreeing with this, so I went alone to a body art studio in North Dakota. There the tattoo professional asked me to get parental approval, otherwise it is an offense. Unless I get the permission he said he won’t perform body art for me. Is it an offense if I do it without consent?
06/23/2017   |   Category: Minors » Body Art   |   State: North Dakota   |   #40593

Answer:

In North Dakota, a minor is not allowed to perform any body art without consent of parents or guardians. The statute provides that it is a class B misdemeanor for a person, other than a licensed health care professional acting within that professional's scope of practice, to tattoo, brand, subdermal implant, scarify, or pierce an individual who is under eighteen years of age unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes place in the presence of and with the written consent of the individual's parent or legal guardian.

Relevant statute is given below:

N.D. Cent. Code, § 12.1-31-13 
Tattooing, branding, subdermal implants, scarifying, and piercing -- Minors.
1. As used in this section:
     a. "Brand" means the use of heat, cold, or any chemical compound to imprint permanent markings on an individual's skin.
     b. "Pierce" means the puncture of any part of an individual's body to insert studs, pins, rings, chains, or other jewelry or adornment.
     c. "Scarify" means to cut, tear, or abrade an individual's skin for the purpose of creating a permanent mark or design on the skin.
     d. "Subdermal implant" means to insert a foreign object beneath the skin to decorate an individual's body.
     e. "Tattoo" means to mark the skin of an individual by insertion of permanent colors through puncture of the skin.
2. It is a class B misdemeanor for a person, other than a licensed health care professional acting within that professional's scope of practice, to tattoo, brand, subdermal implant, scarify, or pierce an individual who is under eighteen years of age unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes place in the presence of and with the written consent of the individual's parent or legal guardian.
3. It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing to an individual who is under eighteen years of age.
4. A political subdivision may enact and enforce an ordinance restricting tattooing, branding, subdermal implanting, scarifying, and piercing or restricting the sale of tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if the ordinance is equal to or more stringent than this section.