Relating to a prohibition on the tattooing or body piercing of a minor without the consent of such minor's parent or guardian, with a penalty provision.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section 1. 1. As used in this section, the following terms mean:

     (1) "Body piercing", the perforation of human tissue other than an ear for a nonmedical purpose;

     (2) "Branding", a permanent mark made on human tissue by burning with a hot iron or other instrument;

     (3) "Controlled substance", any substance defined in section 195.010, RSMo;

     (4) "Minor", a person under the age of eighteen;

     (5) "Tattoo", one or more of the following:

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

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

     2. No person shall tattoo, brand or perform body piercing on a minor 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 on the minor, or in the presence of an employee or agent of such person.

     3. A person shall not tattoo, brand or perform body piercing on another person if the other person is under the influence of intoxicating liquor or a controlled substance.

     4. A person who violates this section is guilty of a misdemeanor and shall be fined not more than five hundred dollars. If there is a subsequent violation of this section within one year of the initial violation, such person shall be fined not less than five hundred dollars or more than one thousand dollars.