Tennessee law establishes clear regulations for the tattoo industry, with a specific focus on the age of consent. These rules ensure that the decision to get a tattoo is made by a legally capable individual. Understanding these state-mandated requirements is important for anyone considering getting a tattoo, as well as for parents and tattoo artists.
Tennessee’s Legal Age Requirement for Tattoos
In Tennessee, an individual must be at least 18 years old to get a tattoo without any additional consent. The law defines a “minor” as anyone under the age of 18. This age restriction is established by state law, which makes it illegal to tattoo a minor under most circumstances.
This prohibition is outlined in Tennessee Code Annotated § 62-38-211, which explicitly states that tattooing a person under 18 is a criminal offense. Because of this, tattoo studios are legally obligated to verify the age of every client to ensure they are not violating state law.
Parental Consent for Tattooing Minors
The general prohibition against tattooing minors has a narrow exception. Tennessee law allows for a minor to be tattooed, but only to cover up an existing tattoo and only if the minor is at least 16 years of age. This is not a general permission for any new tattoo but is restricted to covering pre-existing body art.
For this to be legal, the minor’s parent or legal guardian must provide explicit, written consent. The term “parent or legal guardian” refers to the individual with legal custody of the minor, a fact that must be proven with documentation. This exception also requires the direct involvement and supervision of the parent throughout the entire procedure.
Information and Documents Needed for Minors
To proceed with tattooing a minor for a cover-up, a specific set of documents must be prepared and presented. A formal, written consent form is required, which is typically provided by the tattoo studio. This form must contain the minor’s full name, the parent or guardian’s full name, and a clear statement consenting to the cover-up procedure. Both the minor and the parent or guardian must sign and date this document.
In addition to the consent form, the parent or guardian must present a government-issued photo ID to verify their identity. To prove the relationship and the minor’s age, a birth certificate or a court order of guardianship is necessary. Tattoo studios are required by law to keep copies of the consent form and identification records.
The Tattooing Process with Parental Consent
The consenting parent or legal guardian must be physically present for the duration of the tattooing procedure. This means the parent cannot simply sign a form and leave; they must remain at the studio from start to finish.
Upon arrival, the tattoo artist or studio staff will verify the provided identification against the consent form to confirm the identities and the legal relationship between the adult and the minor. Only after these verification steps are completed and the parent’s presence is confirmed can the tattoo artist legally begin the cover-up procedure.
Penalties for Unlawful Tattooing
Violating Tennessee’s tattoo laws carries legal consequences for the tattoo artist and their studio. Illegally tattooing a minor is classified as a Class A misdemeanor.1Justia. Tennessee Code § 62-38-211 (2024) A conviction for this offense can result in a jail sentence of up to 11 months and 29 days, a fine of up to $2,500, or both. Beyond criminal charges, the artist faces professional sanctions, including the suspension or permanent revocation of their license.
There are also penalties for minors who attempt to circumvent the law. A minor who knowingly uses false identification or makes a false statement to appear 18 or older commits a delinquent act. This can result in a fine ranging from $50 to $250 and a requirement to complete at least 20 hours of community service.