Can I sue a tattoo artist for performing tattooing on my minor son’s body without my consent?

Full Question:

My son is only 15 years. He is very crazy about tattooing his body. He is asking my consent for that. But, I have not consented yet. I found that he and his friends went to a tattoo parlor and one of his friends informed me that they are planning to do it secretly. Thereafter, I warned the tattoo artist not to perform it without my consent. However, the tattoo artist told me that my consent is not required. So if he performed tattooing on my son’s body, can I sue him for that? Can he legally perform it?
06/23/2017   |   Category: Minors » Body Art   |   State: Idaho   |   #40600

Answer:

He cannot do that without your consent. The tattoo artist can legally perform tattooing on your son’s body only after obtain your prior written informed consent. Further, you have to execute the written informed consent in the presence of the tattoo artist, or in the presence of his employee or agent. If he performed tattooing in without your consent, he is guilty of a misdemeanor and will be fined for up to $ 500.

The following are the Idaho statutes in this regard:
 
§ 18-1523. Minors -- Tattooing, branding, tanning devices and body piercing 
   (1) As used in this section:

   (a) "Body piercing" means the perforation of any human body part other than an earlobe for the purpose of inserting jewelry or other decoration or for some other nonmedical purpose.

   (b) "Branding" means a permanent mark made on human tissue by burning with a hot iron or other instrument for the purpose of decoration or for some other nonmedical purpose.

   (c) "Minor" means a person under the age of eighteen (18) years but does not include a person who is an emancipated minor.

   (d) "Physician" means any person who holds a license to practice medicine and surgery, osteopathic medicine and surgery or osteopathic medicine as defined by section 54-1803, Idaho Code.

   (e) "Tanning device" means equipment that emits electromagnetic radiation with wavelengths in the air between two hundred (200) and four hundred (400) nanometers used for tanning of the skin including, but not limited to, sunlamps, tanning booths or tanning beds, but not including:

      (i) Devices for personal use in a private residence;

      (ii) Phototherapy devices providing therapeutic benefits to patients receiving medically supervised treatment prescribed by and under the direct supervision of a physician; or

      (iii) Devices used to apply chemicals to the skin to create an artificial tan, commonly referred to as spray, spray-on, mist-on or sunless tans.

   (f) "Tattoo" means one (1) or more of the following but does not include any mark or design done for a medical purpose:

      (i) An indelible mark made on the body of another person by the insertion of a pigment under the skin; or

      (ii) An indelible design made on the body of another person by production of scars other than by branding.

(2) No person shall knowingly tattoo, brand, facilitate use of a tanning device or perform body piercing on any minor under the age of fourteen (14) years.

(3) No person shall knowingly tattoo, brand, facilitate use of a tanning device or perform body piercing on a minor between the ages of fourteen (14) and eighteen (18) years unless such person obtains the prior written informed consent of the minor's parent or legal guardian. The minor's parent or legal guardian shall execute the written informed consent required pursuant to this subsection in the presence of the person performing the tattooing, branding or body piercing or facilitating the use of a tanning device on the minor, or in the presence of an employee or agent of such person.

(4) Notwithstanding the foregoing, it shall not be a violation of this section for a physician to use radiation devices approved by the federal food and drug administration for in-office treatment of a minor's medical condition or to facilitate a minor's use of a tanning device where such use is authorized by a physician's prescription.

(5) A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars ($ 500). If there is a subsequent violation of this section within one (1) year of the initial violation, such person shall be fined not less than five hundred dollars ($ 500) and not more than one thousand dollars ($ 1,000).