Tattooing and Piercing Laws in Arizona: A.R.S. 13-3721
Arizona maintains strict tattooing laws in an effort to protect minors and maintain the guidelines set by the Arizona Department of Health Services.
According to A.R.S. 13-3721, it is unlawful for anyone:
- To intentionally brand, scarify, implant, mutilate, tattoo, or pierce the body of anyone under the age of 18 without the physical presence of the parent or legal guardian of the person requesting the brand, scar, tattoo, implant, mutilation, or piercing.
- 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 state law (R.S. Title 36, Chapter 4) regarding General Health Provisions for Public Health and Safety.
- 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.
- 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.
“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.
“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.
A violation of these laws is a class 6 felony, for which first-time offenders can be incarcerated for up to two years.
Tattooing and Body Piercing Laws in City Code
Each municipality in Arizona is also able to write laws regarding this type of body art within their city code. Select examples include:
City of Mesa
Chapter 17 of the City of Mesa’s municipal code makes it a misdemeanor to tattoo a person under the age of 18 without the consent and physical presence of their parent or legal guardian. Offenders can be incarcerated for up to six months and fined up to $2500, with the body art firm or corporation fined up to $20,000.
City of Phoenix
The City of Phoenix’s city code states in Chapter 23 that it is unlawful to tattoo anyone under the age of 18, with the burden of knowing the age of the recipient laid upon the actual tattoo artist.
City of Buckeye
In Article 8-7, the City of Buckeye’s municipal code required all tattoo and body piercing artists to be fingerprinted by the police department. Individuals will be denied license to perform such body art if they are recent felons or convicted of certain drug or alcohol-related crimes. Additionally, body art institutions must follow strict guidelines regarding licensing and conditions of their tattoo or piercing studio.
Violations may be class 1 misdemeanors or class 6 felonies depending on the specific circumstances.
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