Is a tattoo artist who tattoos a minor who presented a fake age proof punishable?

Full Question:

I am a licensed tattoo artist and the owner and sole operator of a tattoo parlor in Florida. Last week, I performed tattooing on a guy who came to my parlor for tattooing her hand and shoulders. He showed me his id proof that stated he turned 21 years. The next day, his friend came and asked me to tattoo his hands too. I asked his age, he was only 17 years. I told him to come up with his parents since their consent is needed. Then he asked me why I performed tattooing on his friend who too was 17 years without his parent’s consent. Later I found that the first guy showed me a fake age proof. Now am I punishable since the first guy whom I performed tattooing was a minor? In fact, he was cheating me. However, I’ve kept a copy of his fake id proof.
06/23/2017   |   Category: Minors » Body Art   |   State: Florida   |   #40597

Answer:

In Florida, a licensed tattoo artist cannot legally tattoo the body of a minor who is between 16 years of age and 18 years of age, unless:
  1. the minor is accompanied by his parent or legal guardian;
  2. the minor and his parent or legal guardian each submit proof of his or her identity by producing a government-issued photo identification;
  3. the minor's parent or legal guardian submits his or her written notarized consent in the format prescribed by the department; and
  4. the minor's parent or legal guardian submits proof that he or she is the parent or legal guardian of the minor child;If you violated these, you will be punishable for a misdemeanor of the second degree.

However, in your case, you are not punishable because the minor guy falsely represented himself that he is 21 years of age and presented a fraudulent identification. You may adduce the sufficient evidence to prove it.

The following are the Florida statutes in this regard:
 
§ 381.00787.  Tattooing prohibited; penalty.
 
(1) A person may not tattoo the body of a minor child younger than 16 years of age unless the tattooing is performed for medical or dental purposes by a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466.

(2) A person may not tattoo the body of a minor child who is at least 16 years of age, but younger than 18 years of age, unless:

     (a) The minor child is accompanied by his or her parent or legal guardian;

     (b) The minor child and his or her parent or legal guardian each submit proof of his or her identity by producing a government-issued photo identification;

     (c) The parent or legal guardian submits his or her written notarized consent in the format prescribed by the department;

     (d) The parent or legal guardian submits proof that he or she is the parent or legal guardian of the minor child; and

     (e) The tattooing is performed by a tattoo artist or guest tattoo artist licensed under ss. 381.00771-381.00791 or a person licensed to practice medicine or dentistry under chapter 458, chapter 459, or chapter 466.

(3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, a person who tattoos the body of a minor child younger than 18 years of age does not violate this section, if:

     (a) The person carefully inspects what appears to be a government-issued photo identification that represents that the minor child is 18 years of age or older.

     (b) The minor child falsely represents himself or herself as being 18 years of age or older and presents a fraudulent identification.

     (c) A reasonable person of average intelligence would believe that the minor child is 18 years of age or older and that the photo identification is genuine, was issued to the minor child, and truthfully represents the minor child's age.
 
§ 381.00775.  Tattoo artists; licensure; registration of guest tattoo artists.
 
(1) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state unless the person is licensed as a tattoo artist or registered as a guest tattoo artist under this section.

(2)  (a) A person seeking licensure as a tattoo artist must apply to the department in the format prescribed by the department. An application must include:

         1. The name and residence address of the applicant.

         2. The name and street address of each tattoo establishment and temporary establishment at which the applicant intends to practice tattooing in this state.

     (b) The department shall issue a license to an applicant who:

         1. Is 18 years of age or older.

         2. Submits a completed application.

         3. Pays the applicable license fee established in s. 381.00781.

         4. Submits proof of successful completion of an education course approved by the department on blood-borne pathogens and communicable diseases.

         5. Submits proof of passage of an examination approved by the department on the material presented in the education course.

     (c) The department shall approve one or more education courses and examinations that allows a person to complete the requirements of subparagraphs (b)4. and 5. in person or through an Internet website.

     (d) A tattoo artist must, within 30 days after a change, notify the department of any change in the following information disclosed in his or her most recent application for issuance or renewal of his or her tattoo artist license in the format prescribed by the department:

         1. The name and residence address of the tattoo artist.

         2. The name and street address of each tattoo establishment in this state at which the tattoo artist has practiced tattooing for more than 14 days since the most recent renewal of his or her tattoo artist license or, if the license has not been renewed, since the license was issued.

(3)  (a) A person seeking registration as a guest tattoo artist must apply to the department in the format prescribed by the department. An application must include:

         1. The name and residence address of the applicant.

         2. The name and street address of each tattoo establishment and temporary establishment at which the applicant will practice under the guest tattoo artist registration.

     (b) The department shall issue a guest tattoo artist registration to an applicant who:

         1. Is 18 years of age or older.

         2. Submits a completed application.

         3. Pays the applicable registration fee established in s. 381.00781.

         4. Holds an active license, registration, or certification issued by a jurisdiction outside this state, whether by another state, the District of Columbia, any possession or territory of the United States, or any foreign jurisdiction, if:

             a. The education and examination requirements of the license, registration, or certification substantially meet or exceed the requirements of subparagraphs (2)(b)4. and 5.; or

             b. The applicant submits proof of successful completion of an education course approved by the department under subparagraph (2)(b)4. and proof of passage of an examination approved by the department under subparagraph (2)(b)5.

(4)  (a) A tattoo artist license is valid for 1 year and must be renewed annually.

     (b) A guest tattoo artist registration is valid for 14 days. A guest tattoo artist may apply for reregistration before or after expiration of his or her current registration.

(5) A license or registration issued by the department under this section is not transferable.
 
§ 381.00777.  Tattoo establishments; licensure; temporary establishments.
 
(1)  (a) Except as provided in s. 381.00773, a person may not tattoo the body of any human being in this state except at a tattoo establishment or temporary establishment licensed under this section.

     (b) A person may not operate a tattoo establishment or temporary establishment in this state unless the establishment is licensed under this section.

(2) A person seeking licensure of a tattoo establishment must apply to the department in the format prescribed by the department. An application must include:

     (a) The registered business name, including any fictitious names under which the tattoo establishment conducts business in the state.

     (b) The street address and telephone number of the tattoo establishment.

     (c) The name, mailing address, and telephone number of the tattoo establishment's operator.

     (d) The name and address of the tattoo establishment's registered agent for service of process in the state.

(3) The department shall issue a tattoo establishment license to an applicant, if:

     (a) The applicant submits a completed application.

     (b) The applicant pays the applicable license fee established in s. 381.00781.

     (c) The establishment complies with all applicable local building, occupational, zoning, and health codes.

(4) A temporary establishment must meet the same requirements for licensure as a permanent tattoo establishment.

(5)  (a) A license is valid only for the location listed on the license. A tattoo establishment must notify the department in the format prescribed by the department before any change of the licensed location. A tattoo establishment with more than one location must obtain a separate license for each location.

     (b) A tattoo establishment license is valid for 1 year and must be renewed annually.

     (c) A temporary establishment license is valid for the duration of a convention or other similar event for which the license is issued not to exceed 14 consecutive days.

(6) A license issued by the department under this section is not transferable.