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13-3721. Tattoos,
brands, scarifications and piercings; minors; anesthesia; exception;
defense; violation; classification; definitions
A. It is unlawful for a person:
1. To intentionally brand, scarify, implant, mutilate,
tattoo or pierce the body of a person who is under eighteen years
of age without the physical presence of the parent or legal guardian
of the person requesting the brand, scar, tattoo, implant, mutilation
or piercing.
2. Who tattoos or pierces the body of another
person to use a needle or any substance that will leave color under
the skin more than once or to use a needle that is not sterilized
with equipment used by state licensed medical facilities pursuant
to title 36, chapter 4.
3. To engage in the business of tattooing, branding,
scarifying, implanting, mutilating or body piercing out of a home
or an impermanent structure, including a tent, trailer, trunk or
other impermanent structure.
4. Who is not licensed pursuant to title 32 to
administer anesthesia during the course of any procedure involving
the branding, scarifying, tattooing, implanting, mutilating or piercing
of the body of another person.
B. Subsection A, paragraph 1 does not apply to
the ear piercing of a person who has written or verbal permission
from a parent or legal guardian or to procedures that are prescribed
by a health care provider who is licensed pursuant to title 32.
C. It is a defense to a prosecution for a violation
of subsection A, paragraph 1 that the person requested age identification
and relied in good faith on the accuracy of the information contained
in the identification.
D. A person who violates this section is guilty
of a class 6 felony.
E. For the purposes of this section:
1. "Implant", "mutilate",
"brand", "scarify" or "pierce" means
to mark the skin or other body part with any indelible design, letter,
scroll, figure, symbol or other mark that is placed by the aid of
instruments on or under the skin or body part and that cannot be
removed without a surgical procedure or any design, letter, scroll,
figure, symbol or other mark done by scarring on or under the skin
or other body part. Implant does not include cosmetic implants.
2. "Tattoo" means to mark the skin with
any indelible design, letter, scroll, figure, symbol or any other
mark that is placed by the aid of needles or other instruments upon
or under the skin with any substance that will leave color under
the skin and that cannot be removed, repaired or reconstructed without
a surgical procedure or any design, letter, scroll, figure, symbol
or other mark done by scarring upon or under the skin.
HB2124 - 431R - H Ver
Reference Title: AHCCCS; vehicle
AN ACT
REPEALING SECTION 13-3721, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 37, ARIZONA REVISED STATUTES, BY ADDING A NEW SECTION
13-3721; RELATING TO TATTOOS, BRANDS, SCARIFICATIONS AND PIERCINGS.
Be it enacted by the Legislature of the State
of Arizona:
Section 1. Repeal
Section 13-3721 , Arizona Revised Statutes, is
repealed.
Sec. 2. Title 13, chapter 37, Arizona Revised
Statutes, is amended by adding a new section 13-3721, to read:
13-3721 . Tattoos, brands, scarifications and
piercings; minors; violation; classification; anesthesia; defense;
definition
A. IT IS UNLAWFUL TO INTENTIONALLY BRAND, SCARIFY,
TATTOO OR PIERCE THE BODY OF A PERSON WHO IS UNDER FOURTEEN YEARS
OF AGE. THIS SECTION DOES NOT APPLY TO EAR PIERCING OR PROCEDURES
PRESCRIBED BY A HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE
32.
B. IT IS UNLAWFUL TO TATTOO, INTENTIONALLY BRAND,
SCARIFY OR PIERCE THE BODY OF A PERSON WHO IS FOURTEEN, FIFTEEN,
SIXTEEN OR SEVENTEEN YEARS OF AGE WITHOUT THE PHYSICAL PRESENCE
OF THAT PERSON'S PARENT OR LEGAL GUARDIAN.
C. IT IS UNLAWFUL FOR A PERSON WHO TATTOOS OR
PIERCES THE BODY OF ANOTHER PERSON TO USE A NEEDLE OR INK MORE THAN
ONCE OR TO USE A NEEDLE THAT IS NOT PRESTERILIZED OR AUTOCLAVED.
D. IT IS UNLAWFUL FOR A PERSON WHO IS NOT A HEALTH
CARE PROVIDER LICENSED PURSUANT TO TITLE 32 TO ADMINISTER ANESTHESIA
DURING THE COURSE OF ANY PROCEDURE INVOLVING THE BRANDING, SCARIFYING,
TATTOOING OR PIERCING OF THE BODY OF ANOTHER PERSON.
E. IT IS A DEFENSE TO A PROSECUTION FOR A VIOLATION
OF SUBSECTION A OR B THAT THE PERSON REQUESTED AGE IDENTIFICATION
AND RELIED IN GOOD FAITH ON THE ACCURACY OF THE INFORMATION CONTAINED
IN THE IDENTIFICATION.
F. A PERSON WHO VIOLATES THIS SECTION IS GUILTY
OF A CLASS 1 MISDEMEANOR.
G. FOR THE PURPOSES OF THIS SECTION, "TATTOO"
MEANS ANY INDELIBLE DESIGN, LETTER, SCROLL, FIGURE, SYMBOL OR OTHER
MARK THAT IS PLACED ON OR UNDER THE SKIN WITH INK OR COLORS BY THE
AID OF NEEDLES OR OTHER INSTRUMENTS AND THAT CANNOT BE REMOVED WITHOUT
A SURGICAL PROCEDURE OR ANY DESIGN, LETTER, SCROLL, FIGURE OR SYMBOL
OR OTHER MARK DONE BY SCARRING ON OR UNDER THE SKIN.
HB2345 - 432R - I Ver
Reference Title: tattoo parlors; minors
AN ACT
AMENDING SECTION 13-3721, ARIZONA REVISED STATUTES; RELATING TO
TATTOO PARLORS.
Be it enacted by the Legislature of the State
of Arizona:
Section 1. Section 13-3721, Arizona Revised Statutes,
is amended to read:
13-3721 . Tattoos, brands, scarifications and
piercings; minors; anesthesia; defense; violation; classification;
definition
A. It is unlawful to INTENTIONALLY BRAND, SCARIFY,
tattoo OR PIERCE THE BODY OF a person who is under eighteen years
of age without the physical presence of that person's THE parent
or legal guardian OF THE PERSON REQUESTING THE BRAND, SCAR, TATTOO
OR PIERCING .
B. IT IS UNLAWFUL FOR A PERSON WHO TATTOOS OR
PIERCES THE BODY OF ANOTHER PERSON TO USE A NEEDLE OR ANY INK MORE
THAN ONCE OR TO USE A NEEDLE THAT IS NOT PRESTERILIZED OR AUTOCLAVED.
C. IT IS UNLAWFUL FOR A PERSON TO ENGAGE IN THE
BUSINESS OF TATTOOING OR BODY PIERCING OUT OF AN IMPERMANENT STRUCTURE,
INCLUDING A TENT, TRAILER, TRUNK OR OTHER IMPERMANENT STRUCTURE.
D. IT IS UNLAWFUL FOR A PERSON WHO IS NOT LICENSED
PURSUANT TO TITLE 32 TO ADMINISTER ANESTHESIA DURING THE COURSE
OF ANY PROCEDURE INVOLVING THE BRANDING, SCARIFYING, TATTOOING OR
PIERCING OF THE BODY OF ANOTHER PERSON.
E. IT IS A DEFENSE TO A PROSECUTION FOR A VIOLATION
OF SUBSECTION A THAT THE PERSON REQUESTED AGE IDENTIFICATION AND
RELIED IN GOOD FAITH ON THE ACCURACY OF THE INFORMATION CONTAINED
IN THE IDENTIFICATION.
B. F. A person who violates this section is guilty
of a class 6 felony.
C. G. For the purposes of this section, "tattoo"
means any indelible design, letter, scroll, figure, symbol or any
other mark placed by the aid of needles or other instruments upon
or under the skin with ink or colors AND that cannot be removed
without a surgical procedure or any design, letter, scroll, figure
, or symbol OR OTHER MARK done by scarring upon or under the skin.
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